Sarifa Bibi And ORS v. State Of West Bengal

17.06.2022 cm/ct 28 C.R.M.(A) 2862 of 2022 sl no. 165 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Santipur P.S. Case No. 438 of 2022 dated 07.05.2022 under Sections 376/417/323/506/34 of the Indian Penal Code, 1860.

And Allowed In Re : Sarifa Bibi & Ors.

..... petitioner Mr. Swapan Kumar Mallick Mr. Sabyasachi Mondal Mr. A.S. Fazlul Karim Mr. Sayan Mukherjee ...... for the petitioner Mr. Asraf Mondal ...... for the State Petitioners are relations of the principal accused who is in custody and they have been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record. Keeping in mind the extent of complicity of the petitioners in the alleged crime and as principal accused is in custody, we are of the opinion custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each 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.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2862 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)