Utsab Sekh@Tusab And ANR v. State Of West Bengal
13.06.2022 tkm/ct 28 C.R.M. (A) 2624 of 2022 sl no. 157 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Naihati P.S case no. 49 of 2022 dated 22.1.2022 under sections 498A/325/506/34 IPC read with sections 3/4 of the DP Act And Allowed In Re : Utsab Sekh @ Utsab & Anr ...... petitioners Mr. B Banerjee ...... for the petitioners Mr. N P Agarwala Ms. S Patel ...... for the State Having considered materials on record disclosing prima facie involvement of the petitioner no. 1 in assaulting the victim which is supported by medical evidence, we are not inclined to grant anticipatory bail to him.
However, bearing in mind the general and omnibus nature of allegations against petitioner no. 2, mother in law of the victim, we are inclined to grant anticipatory bail to her. Accordingly, we direct that in the event of arrest, the petitioner no. 2 viz Anjumanara Begam 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.
Petitioner no. 2 shall appear before the court below and prays for regular bail within four weeks from date. The application being CRM (A) 2624 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)