Mori Bibi @ Jamila Bibi v. The State Of West Bengal
28.08.2024 Court No.29 Item No. 47 Allowed cm CRM (A) 2942 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Naihati Police Station Case No. 124 of 2024 dated 23.04.2024 under Section 25(7) (i) of the Arms Act pending before the learned Additional Chief Judicial Magistrate, Barrackpore. And In Re: Mori Bibi @ Jamila Bibi.
Petitioner Mr. Subhajit Chowdhury, For the Petitioner Mr. Sandip Ganguly, Mr. Sasanka Sekhar Saha, For the State
1. The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated.
2. The learned Counsel for the State in opposing the prayer for anticipatory bail has produced the case diary.
3. Considering the materials available in the case diary and the nature and extent of complicity of the petitioner in the commission of alleged offence and in view of the fact that there is prima facie no evidence of the involvement of the petitioner in the alleged offence and the allegation against the petitioner is omnibus in nature and having regard to the fact that the husband of the petitioner has been enlarged on bail recently, we are of the view that the custodial interrogation of the petitioner is not necessary.
4. Accordingly, we direct that in the event of arrest the petitioner namely, Mori Bibi @ Jamila Bibi, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, one of whom
must be local to the satisfaction of the arresting officer, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation and shall appear before the learned Trial Court within two weeks from date.
5. Accordingly, the application for anticipatory bail is disposed of.
6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Soumen Sen, J.) (Uday Kumar, J.)