Sima @ Shefali Das v. State Of West Bengal
13.06.2024 SL No.9 Court No.29 (gc) (Allowed) CRM (A) 1883 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Palashipara Police Station Case No.215 of 2024 dated 03.05.2024 under Sections 498(A)/325/307/34 of the Indian Penal Code.
And In the matter of : Sima @ Shefali Das - Petitioner.
Mr. Amanul Islam, Mr. Sourav Mukherjee, ....For the Petitioner.
Mr. Madhusudan Sur, Ld. A.P.P., Ms. Trisha Rakshit ... For the State.
1. This matter was adjourned by the Coordinate Bench for the purpose of recording the statement of the victim under Section 164 of the Cr.P.C.
2. Mr. Madhusudan Sur, learned A.P.P. appearing on behalf of the State has produced the statement of the victim recorded under Section 164 of the Cr.P.C. wherefrom it appears that the victim has implicated the husband for the alleged offence.
3. The petitioner is the mother-in-law of the victim. 4.
Considering the materials available in the case diary, the nature and involvement of the petitioner in the commission of the alleged offence and having regard to the fact that the statement of the victim recorded under Section 164 of the Cr.P.C., we are of the view that the custodial interrogation of the petitioner is not necessary.
Signed By :
GURUPADA CHAKRABARTY High Court of Calcutta 14 th of June 2024 11:34:21 AM
5.
Accordingly, we direct that in the event of arrest, the petitioner, namely, Sima @ Shefali Das, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the present accused petitioner shall cooperate with the investigation and shall appear before the learned Additional Chief Judicial Magistrate at Tehatta, Nadia in connection with Palashipara Police Station Case No.215 of 2024 and pray for regular bail within two weeks from date.
6.
Accordingly, the application for anticipatory bail is disposed of.
7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :
GURUPADA CHAKRABARTY High Court of Calcutta 14 th of June 2024 11:34:21 AM