Aloka Singh And ANR v. The State Of West Bengal

Court No. 29 (266041) CRM (A) 2494 of 2024 c In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagrik Suraksha Sanhita in connection with Nanda Kumar Police Station Case No. 260 of 2022 dated 04.07.2022 under Sections 498A/306/120B of the Indian Penal Code.

29.07.2024 (AD 20) (S. Banerjee) (Allowed) And In the matter of: Aloka Singh & Anr.

...petitioners Ms. Tuli Sinha ... for the petitioners Mr. Binoy Kumar Panda Mr. Debarshi Brahma ... for the State

1. The petitioner no. 1 is the grandmother and the petitioner no. 2 is the aunt of the husband of the victim. It is submitted that they are in no way connected with the alleged offence and they have been falsely implicated in the instant case. It is further submitted that the husband of the victim was in custody and has been recently enlarged on regular bail

2. Learned counsel for the State has produced the case diary.

3. Considering the nature and extent of the offence, the involvement of the petitioners in the commission of the alleged offence and considering the postmortem report, we are of the view that custodial interrogation of the petitioners is not required.

4. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond Signed By :

SWARUP BANERJEE High Court of Calcutta 30 th of July 2024 01:42:27 PM

of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners shall meet the IO once in a week or as and when required. The petitioners shall not leave the jurisdiction of the Nanda Kumar Police Station till the submission of the final report.

5. It is further directed that the present petitioners shall appear before the learned Chief Judicial Magistrate, Purba Medinipur, within two weeks from date and pray for regular bail.

6. It is further directed that the petitioners shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default the jurisdictional court will pass appropriate order to secure presence of the petitioner in court including canceling the anticipatory bail granted without further reference to this court.

7. Accordingly, the application for anticipatory bail is allowed.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this court. (Uday Kumar, J.) (Soumen Sen, J.)