Calcutta High CourtCRM/5880/2021allowed

Jostnara Begamm @Josna Begam And ANR v. State Of West Bengal

2021-09-15Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

15.09.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 5880 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia Women Police Station Case No. 02 of 2021 dated 02.01.2021 under Sections 447/448/427/341/323/325/354/ 379/506/34 of the Indian Penal Code and Section 8/12 of the Protection of Children from Sexual Offences Act, 2012. And In Re : Jostnara Begam @ Josna Begam & Anr.

...... petitioners Ms. Juin Dutta Chakraborty .....for the petitioner Mr. S. G. Mukherjee Ms. Faria Hossain Mr. Aniket Mitra ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioner submits that, there are longstanding dispute with regard to an immovable property. Petitioners were falsely implicated. Moreover, the petitioners stand on the same footing as that of other accused who were granted anticipatory bail by the Coordinate Bench.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering the facts and circumstances and considering the fact that charge-sheet was submitted and that the coaccused person was granted anticipatory bail and that such coaccused were named in the statement recorded under Section 164 of the Cr. P. C., we are inclined to grant anticipatory bail to the petitioners.

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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)