Anwesha Guha v. State Of West Bengal

C.R.M. (A) 1382 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murshidabad P.S. Case No.676 of 2023 dated 04/09/2023 under Section 387 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad. (G.R. Case No.2958 of 2023).

And In the matter of: Smt. Anwesha Guha ....petitioner.

Ms. Sananda Bhattacharyya ...for the petitioner.

Mr. Madhusudan Sur, Ld. APP Mr. Kaushik Chandra Gupta ...for the State.

1. Petitioner prays for anticipatory bail.

(AD) 23.04.2024 Court No.29 (Allowed)

2. Learned Advocate appearing for the petitioner submits that, the petitioner is the wife of a Judicial Magistrate. Petitioner was falsely implicated.

3. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary.

4. The police complaint revolves around an allegation of extortion. Petitioner before us is a lady. She is the wife of the de facto complainant.

5. Apparently, there are matrimonial disputes between the petitioner and the de facto complainant. There is a child born out of the wedlock. Court is informed attempts of reconciliation with regard to the matrimonial disputes failed.

6. Considering the materials in the case diary and considering the fact that the petitioner is a lady, we deem Signed By :

ABHIJIT DAS High Court of Calcutta 23 rd of April 2024 05:08:07 PM

it appropriate to grant anticipatory bail to the petitioner.

7. 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 will cooperate with the investigation till the conclusion of the investigation and on 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.

8. The prayer for anticipatory bail of the petitioner is allowed.

9. C.R.M. (A) 1382 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 23 rd of April 2024 05:08:07 PM