Gulbadan Bibi v. State Of West Bengal

C.R.M. (A) 1866 of 2023 03.05.2023 Sl.10 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 759 of 2022 dated 07.12.2022 under Sections 325/326/302/34 of the Indian Penal Code. And In the matter of: Gulbadan Bibi ....petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner.

Ms. Zareen N. Khan Mr. Ashok Das ...for the State.

Petitioner prays for anticipatory bail.

Petitioner participated in an assault where two persons suffered injuries and one person was murdered. So far as the petitioner is concerned, the injured states that the petitioner pulled her hair whereupon the injured fell down on the road. The injured suffered simple injury at the behest of the petitioner.

Police filed charge sheet.

Since the injured ascribed very specific role to the petitioner and apparently, on the specific role played by the petitioner, a simple injury resulted on the injured recording the statement under Section 161 of the Code of Criminal Procedure, 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 also

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 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. The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 1866 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)