Tumpa Bhattacharya v. State Of West Bengal

CRM (A) 1691 of 2022 12.04.2022 Sl. 36 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pursurah P.S. Case No. 05 of 2022 dated 08/01/2022 under Sections 498A/307/313/34 of the Indian Penal Code.

And In the matter of: Tumpa Bhattacharya ....petitioner.

Mr. Sujan Chatterjee Mr. Sanat Kr. Das ...for the petitioner.

Mr. Debabrata Chatterjee Mr. M. Sarkar ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the husband was enlarged on bail by the jurisdictional Court. The police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement recorded under Section 164 of the Criminal Procedure Code.

Considering the fact that the police filed charge-sheet and considering the fact that the husband was enlarged on bail by the jurisdictional Court and considering the gravity of the offence and the involvement of the petitioner therein, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1691 of 2022 is, thus disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)