Sabitri @ Sasta Kuiry v. State Of West Bengal

14.01.2022 Court No.32 rpan / 07 C.R.M. 8012 of 2021 [ Via video Conferencing ] In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ; And In re: Sabitri @ Sasta Kuiry - Petitioner.

Mr. Soumik Ganguli, Mr. Dilip Sadhu ... for the Petitioner.

Mr. Binay Panda, Ms. Pushpita Saha ... for the State.

Apprehending arrest in connection with Purulia (M) Police Station Case No.234 of 2021 dated 06.10.2021 under Sections 323/326/307 of the Indian Penal Code, the petitioner has filed the present application.

Mr. Ganguli, learned advocate appearing for the petitioners submits that there was a previous enmity between the parties and in the same, the petitioner, who is a lady, has been falsely implicated. The allegations are omnibus in nature and in view thereof, custodial interrogation is not necessary. Ms. Saha, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the statements of the witnesses and the medical documents. Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of accusations, the medical reports and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation is not warranted, more so when, prima facie, there is no possibility that the

petitioner would flee from justice or delay the trial by abscondence.

Accordingly, we direct that in the event of arrest, the petitioner namely, Sabitri @ Sasta Kuiry shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties of like amount each, 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 with a further condition that she shall cooperate with the Investigating Officer of the case. It is further directed that the petitioner shall attend the learned court below on all the dates specified for hearing and shall not tamper with the evidence and/or intimidate the witnesses in any manner whatsoever.

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 her bail, in accordance with law, without further reference to this Court. The application for anticipatory bail, being CRM No. 8012 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. (Md. Nizamuddin, J.) (Tapabrata Chakraborty, J.)