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Calcutta High CourtCRM (A)/3761/2023allowed

Swapna Chowdhury @ Swapna Das v. State Of West Bengal

2023-09-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

19.09.2023 M/L 154 Ct. No.29 (Allowed) (SKB) CRM (A) 3761 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dhubulia P. S. Case No.355 of 2023 dated 24.07.2023 under Sections 302/34 of the Indian Penal Code.

In the matter of : Swapna Chowdhury @ Swapna Das ... Petitioner Mr. Niladri Sekhar Ghosh, Mr. Sourav Mondal, Ms. Sompurna Chatterjee ... for the petitioner Mr. Zareen N. Khan, Mr. Ashok Das ... for the State

1. Liberty is given to the learned advocate for the petitioner to correct the cause title of the application in court today.

2. Heard learned advocates for the parties.

3. The present petitioner is the mother of the sister-in-law of the deceased and hence, a distant relation of the family of the in-laws of the deceased.

4. It is fairly submitted at the Bar that there is no cogent material to connect the petitioner with the alleged crime.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of

her 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.

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

7. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

8. The applications being CRM(A) 3761 of 2023 is disposed of.

9. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)