Sharmistha Das And ANR. v. State Of West Bengal
22.06.2026 SL.68 Ct.No.28 NB CRM (A) 1660 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Women P.S. Case No.73 of 2023 dated 05.10.2023 under Sections 341/506/509/354/307/34 of the Indian Penal Code. And In the matter of: Sharmistha Das & Anr.
... petitioners Mr. Robiul Islam, Mr. Masooq Rahman.
...for the petitioners.
Mr. Suman Chakraborty.
...for the State.
Memo of Evidence filed on behalf of the State is taken on record.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the ladies of the same locality where the alleged victim resided. It is alleged that on a particular day, they came and assaulted the victim. They have been falsely implicated in this case. Charge sheet has been submitted.
Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statements of witnesses. However, he submits that there is no injury report present in the case diary.
Considering the above, the other materials available in the case diary, the fact that the petitioners are the ladies of the same locality and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the present petitioners.
Accordingly, 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, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall not threaten or intimidate witnesses or tamper with evidence and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall regularly attend the jurisdictional Court. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)