Munmun Maity v. State Of West Bengal

25.04.2025

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE Item No.DL26 Court No. 28 Asraf, AR(Ct.) ALLOWED CRM (A) 1268 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Basirhat Police Station case no.504 of 2024 dated 18.07.2024 under Sections 85, 316(2), 117(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

-andIn Re : MUNMUN MAITY ......Petitioner For the Petitioner :

Mr. Kalyan Kumar Chakraborty Mr. Gopal Krishna Sarkar Mr. Kashi Nath Bhattacharjee .....Advocates For the State :

Mr. Arindam Sen Mr. Dipankar Mahata .....Advocates Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the sister-in-law of the alleged victim / de facto complainant. The prime accused was granted bail. Chargesheet has been submitted. Learned counsel appearing on behalf of the State opposes the prayer and refers to the statement of the victim recorded before the police officer.

In view of the role ascribed to the present petitioner and the fact that chargesheet has already been submitted, I do not

think that the custodial interrogation of the petitioner is required.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that he shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail being CRM(A) 1268 of 2025 is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

( Jay Sengupta, J. )