Calcutta High CourtCRM/8565/2021allowed

Unni Kulsum @ Umme Kulsum @ Ummi Kulsum And ANR v. State Of West Bengal

2022-01-18Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

18.01.2022 Court No.32 rpan/36 C.R.M. 8565 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In re: Unni Kulsum @ Umme Kulsum @ Ummi Kulsum & Another - Petitioners Mr. Kaushik Chaudhury, Ms. Bursa Khatun ... for the Petitioners.

Mr. Abhra Mukherjee, Mr. Dipankar Mahata ... for the State.

Apprehending arrest in connection with Itahar Police Station Case No.637 of 2021 dated 04.10.2021 under Sections 448/325/326/308/354/34 of the Indian Penal Code, the petitioners have filed the present application. Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of accusations, the injury report and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that custodial interrogation is not necessary. As such, prayer for anticipatory bail is allowed. Accordingly, in the event of arrest the petitioners, namely, Unni Kulsum @ Umme Kulsum @ Ummi Kulsum and Elias Ali shall be released on bail upon furnishing a bond 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

It is further directed that the petitioners 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 petitioners fail to comply with the aforesaid directions, without any justifiable cause, the learned court below shall be at liberty to cancel their bail, in accordance with law, without further reference to this Court. The application for anticipatory bail, being CRM No. 8565 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. (Ajoy Kumar Mukherjee, J.) (Tapabrata Chakraborty, J.)