Debasree Banerjee v. State Of West Bengal

C.R.M. (A) 2556 of 2023 07.08.2023 ML. 3 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Haridevpur Police Station Case No. 278 of 2023 dated 15.06.2023 under Sections 306/34 of the IPC.

And In the matter of: Smt. Debasree Banerjee ....petitioner.

Mr. Avidipto Tarafdar Ms. Ananya Das ...for the petitioner.

Mr. Md. Anwar Hossain Ms. Sreyashee Biswas ...for the State.

1. Heard learned Counsel for both the parties.

2. It is fairly submitted at the Bar that there is no substantive allegation against the present petitioner in the dying declaration of the deceased. Otherwise also there is nothing against the present petitioner in the C.D.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of her 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.

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

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

6. The application being CRM (A) 2556 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)