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Calcutta High CourtCRM (A)/2518/2023allowed

Ayeda Bibi And ANR v. State Of West Bengal

2023-07-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

14.07.2023 tkm/ct 28 C.R.M. (A) 2518 of 2023 sl no. 6 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Harishchandrapur P.S case no. 851 of 2021 dated 18.11.2021 under sections 341/326/307/34 IPC And Allowed In Re : Ayeda Bibi & Anr.

...... petitioners Mr. S Bhattacharyya ...... for the petitioners Mr. Shiladitya Banerjee ...... for the State Heard learned lawyers for the parties.

We have considered materials on record. Bail prayer of coaccused has been turned down by a co-ordinate Bench of this court. But the petitioners are womenfolk of the family and the possibility of their false implication cannot be ruled out. Hence, they do not stand on the same footing with the co-accused whose anticipatory bail had been rejected.

Under such circumstances, 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.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) 2518 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)