Madhumita Bhunia v. The State Of West Bengal

10.07.2024 Court No.29 Item No. 15 Allowed sg CRM (A) 2284 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 163 of 2022 dated 16.03.2022 under Sections 420/409/120B of the Indian Penal Code, pending before the learned Chief Judicial Magistrate, Paschim Medinipur. And In Re: Smt. Madhumita Bhunia.

Petitioner Mr. Kusal Kumar Mukherjee Mr. Narattam Acharyya For the Petitioner Mr. Madhusudan Sur Mrs. Shaila Afrin For the State 1.

The learned Counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the instant case. It is submitted that on the basis of the valuation as accepted by the Registration Authority, stamp duty has been paid. The co-accused persons have been granted anticipatory bail.

2.

The learned Counsel for the State has produced the case dairy and opposed the prayer for anticipatory bail.

3.

Considering the materials available in the case diary and the fact that the market value has been assessed by the District Sub-Registry of each plot of the land at Rs.66 lakhs and considering the nature of complicity of the petitioner in the commission of alleged offence, we are of the view that the custodial interrogation of the petitioner is not necessary.

4.

Accordingly, we direct that in the event of arrest the petitioner namely, Smt. Madhumita Bhunia, 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, to the satisfaction of Arresting Officer, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner shall cooperate with the investigation and shall appear before the learned Chief Judicial Magistrate, Paschim Medinipur within two weeks from date and thereafter shall appear on each and every date of hearing and. 5.

In the event the petitioner fails to comply with any of the conditions as mentioned above, the trial court shall be at liberty to cancel her bail in accordance with law without any further reference to this Court 6.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed. 7.

CRM (A) 2284 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.) Signed By :

SANJIB GHOSH High Court of Calcutta 11 th of July 2024 10:29:03 AM