Jharna Majhi v. The State Of West Bengal

Court No. 29 (266041) CRM (A) 2623 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 Nagarik Suraksha Sanhita in connection with Kalna Police Station Case No. 502 of 2024 dated 24.04.2024 under Sections 448/307/326/506/379/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Kalna, Purba Burdwan.

05.08.2024 (A 29) (S. Banerjee) (Allowed) And In the matter of: Jharna Majhi ...petitioner Mr. Samiran Mandal Mr. Abhinaba Dan Mr. Nitish Samanta ... for the petitioner Ms. Anasuya Sinha Ms. Debolina Das ... for the State

1. Heard the learned counsel for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and since there is no specific overt act against the petitioner in the statement of the victim recorded under Section 164 Cr.P.C., we are of the view that custodial interrogation of the petitioner is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioner (Jharna Majhi) shall be released on bail upon furnishing a bond of Rs. 5,000/- with two registered Signed By :

SWARUP BANERJEE High Court of Calcutta 6 th of August 2024 04:55:26 PM

sureties of like amount, to 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, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

4. The petitioner shall cooperate with the investigation and appear before the jurisdictional magistrate within two weeks.

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

6. 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.)