Calcutta High CourtCRM (A)/3401/2023allowed

Pampa Roy @ Pampa Ray And ANR v. State Of West Bengal

2023-08-29Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3401 of 2023 29.08.2023 SL. 29 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Berhampore Police Station Case No. 744 dated 07.06.2023 under Sections 447/325/326A/506/34 of the IPC. And In the matter of: Pampa Roy @ Pampa Ray & Anr. ....petitioners.

Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. subhrajit Dey Ms. Monami Mukherjee ...for the petitioners.

Mr. Bidyut Kr. Roy Ms. Rita Datta ...for the State.

1. Heard learned Counsel for both the parties.

2. The present petitioners are stated to be the wife and mother of the principal accused Bhola Roy who is alleged to have made the acid attack on the victim.

3. Aforesaid Bhola Roy is stated to have been arrested in the meantime. So far as the present petitioners are concerned, the statement of the witnesses recorded under Section 161 Cr.P.C. is silent about any specific overt act by the petitioners so far as the acid attack is concerned.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) The petitioners are directed to appear before the I.O. for the purpose of investigation as and whey required from sunrise to sunset till submission of F.F.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

8. The application being CRM (A) 3401 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)