Calcutta High CourtCRM (A)/3108/2022allowed

Ruma Chowdhury v. State Of West Bengal

2022-07-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

01.07.2022 Serial no.14 Aloke CRM (A) 3108 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Women's Police Station Case No. 100 of 2022 dated 01.05.2022 under Sections 363/365 of the Indian Penal Code with adding Section 376 of the Indian Penal Code.

-AndIn the matter of : Ruma Chowdhury ... ... Petitioner Ms. Minoti Gomes, Advocate Mr. Musharraf Alam Sk., Advocate Ms. Susmita Gharai, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Advocate Mr. M.F.A. Begg, Advocate Mr. Asif Dewa, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that principal accused was granted bail by the jurisdictional Court. The police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

Considering the fact that the police filed charge-sheet and considering the fact that the principal accused was enlarged on bail by the jurisdictional Court and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and considering the materials in the case diary, we are inclined to grant anticipatory bail to the petitioner.

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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3108 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)