Shefali Halder v. State Of West Bengal

14.05.2024 Court No.08 Item No. 6 Allowed sg CRM (A) 1678 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 152 of 2024 dated 04.03.2024 under Sections 498A/307/34 of the Indian Penal Code. And In Re: Shefali Halder Petitioner Mr. Asraf Mandal For the Petitioner Mr. Bitasok Banerjee Mr. Bikram Mitra, For the State 1.

The learned Counsel for the petitioner submits that the petitioner is the mother-in-law of the de-facto complainant and she has been falsely implicated in the present case. It is further submitted that the other co-accused persons have been granted anticipatory bail.

2.

The learned Counsel for the State, in opposing the prayer for anticipatory bail, has referred to the order passed by the learned Sessions Judge, Nadia on 22nd March, 2024, where it has been recorded that sister-in-law has poured kerosene oil on the person of the victim and tried to set her ablaze. 3.

Considering the materials available in the case diary, the nature and extent of complicity of the present accused person in the commission of the alleged offence and the nature of injury, which does not, not prima facie, appear to be grievous in nature and also having regard to the fact that other co-accused persons are on anticipatory bail and the charge-sheet has already been filed,

we are of the view that the custodial interrogation of the present petitioner is not necessary.

4.

Accordingly, we direct that in the event of arrest, the petitioner, Shefali Halder 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, subject to the satisfaction of Arresting Officer and shall comply with the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner shall appear before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia within two weeks form date and thereafter, shall attend on each and every date of hearing.

5.

In default of non-compliance of any of the conditions, this order may be recalled without any further reference to this Court.

6. Accordingly, the prayer for anticipatory bail of the petitioner is allowed. 7.

CRM (A) 1678 of 2024 is, thus, disposed of.

8.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J)