Calcutta High CourtCRM (A)/1684/2024allowed

Usha Sarkar v. State Of West Bengal

2024-05-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1684 of 2024 21.05.2024 DL-7 Court No.3 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangnapur Police Station Case No.56 of 2024 dated 19.03.2024 under Section 304 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate, Ranaghat, Nadia. (Serial No.262 of 2024).

And In the matter of: Usha Sarkar ....petitioner.

Ms. Sananda Bhattacharyya ...for the petitioner.

Ms. Zareen N. Khan Mr. Aslam Parvez ... for the State.

Ms. Sahili Dey ... for the de facto complainant.

1. A person expired due to electrocution.

2. Police requested the West Bengal State Electricity Distribution Company Limited to visit the locale and submit a report as to whether, the charging of the fence was deliberate or not.

3. The report of the Distribution Company is that, there may be leakage which resulted in the fencing wire getting charged.

4. Benefit of doubt should obviously be extended to an accused.

5. In such circumstances, we grant anticipatory bail to the petitioner.

6. 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Signed By :

ABHIJIT DAS High Court of Calcutta 22 nd of May 2024 02:44:03 PM

Investigating Officer once a week till the conclusion of the investigation 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.

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

8. C.R.M. (A) 1684 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 22 nd of May 2024 02:44:03 PM