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Calcutta High CourtCRM (A)/4161/2022allowed

Urmila Baidya @ Barsha Baidya v. State Of West Bengal

2022-08-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

31.08.2022 Serial no.21 Aloke CRM (A) 4161 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Haringhata Police Station Case No. 80 of 2022 dated 25.03.2022 under Sections 306/34 of the Indian Penal Code.

-AndIn the matter of : Urmila Baidya @ Barsha Baidya ... ... Petitioner Ms. Sananda Bhattacharyy, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Advocate Mr. Amanul Islam, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required.

The postmortem doctor kept the opinion pending in the postmortem report. No external injury on the body of the victim. Considering the fact that the police filed charger-sheet inter alia under Section 306 of the Indian Penal Code, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner 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 the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4161 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)