Calcutta High CourtCRM/6483/2021allowed

Shayoni Dasgupta v. State Of West Bengal

2021-12-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

14.12.2021 rrc CRM 6483 of 2021 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Shayoni Dasgupta ..... petitioner Mr. Hillol Saha Poddar Mr. Nazmut Touhid Mr. R. Mukherjee .....For the petitioner Mr. Saibal Bapuli, Ld. APP Mr. Rudradipta Nandy .....For the State Apprehending arrest in connection with Durgapur New Township Police Station (NTS) Case No. 124 of 2020 dated 10.10.2020 under Sections 379/411/450/420/467/468/ 506/307/120B of the Indian Penal Code, 1860, the present application has been preferred.

Heard learned lawyer for the petitioner. perused the case diary. The co-accused as well as the principal accused Ritika Saha has been granted anticipatory bail by a coordinate Bench of this Court. There are incriminating elements against the present petitioner, but not to that extent with demand custodial detention and interrogation.

However, we are of the considered opinion that custodial detention of the present petitioner is not necessary. Considering the nature of allegations, the extent of incriminating elements and stage of investigation, we are inclined to allow the anticipatory bail.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Shayoni Dasgupta shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the petitioner shall not tamper with the evidence and/or intimidate the witnesses. She shall also attend the learned Court below on all the dates, as specified for hearing.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court. The application for anticipatory bail, being CRM 6483 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)