Calcutta High CourtCRM (A)/2555/2023allowed

Selema Khatun And ORS. v. State Of West Bengal

2023-08-01Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

01.08.2023 (D/L 32) Ct. No.29 Allowed (SKB) CRM (A) 2555 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.412 of 2023 dated 10.04.2023 under Sections 447/323/325/326/307/34/ 302 of the Indian Penal Code (G.R. No.957/2023). In the matter of : Salema Khatun and others ... Petitioners Mr. Ashok Das, Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Roma Roy ... for the petitioners Mr. Rudradipta Nandy, Ms. Sonali Das ... for the State

1. Heard the learned Counsel for the parties.

2. It is found from the record that one Diljur and Rejaul had mounted the fatal assault on the deceased. The present petitioners who are ladies are not the persons who had mounted the fatal assault. The present petitioners are on a better footing than Masuda Bibi @ Khatun @ Masuda Khatun and two others who have already been enlarged on anticipatory bail by this court vide order dated 20.07.2023 passed in CRM (A) 2365 of 2023.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, part played by the petitioners in the entire

transaction as discussed supra, the fact that all the petitioners are ladies and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that (i) the petitioners being ladies are directed to appear before the I.O, for the purpose of investigation as and when required from sunrise to sunset, (ii) the petitioners shall not leave the jurisdiction of the P.S. during investigation without obtaining prior permission from the I.O.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 2555 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)