Dipanwita Jana v. State Of West Bengal

30.03.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1369 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Narayangarh Police Station Case No. 23 of 2023 dated 18.01.2023 under Sections 376/417/120B of the Indian Penal Code.

And In the matter of: Dipanwita Jana ...... petitioner Mr. Navanil De, Mr. Rajeshwar Chakraborty, Mr. Srijan Ghosh, Mr. Subhrajit Dey, Ms. Aparna Chakraborty, Ms. Monami Mukherjee ....for the petitioner Ms. Sayanti Santra ....for the State The principal accused was enlarged on bail by the jurisdictional Court.

The statement of the victim recorded under Section 164 of the Criminal Procedure Code ascribed a role of the petitioner accompanying other persons along with the principal accused and the victim at a hotel and they took food thereat. In such circumstances, 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/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the

conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that petitioner will cooperate with the Investigating Officer till the conclusion of the investigation and on further condition that the petitioner shall appear on every date 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)