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Calcutta High CourtCRM (A)/3055/2024allowed

Rina @ Rani Sardar @ Mondal v. The State Of West Bengal

2024-09-04Hon'Ble Justice Soumen Sen,Hon'Ble Justice Shampa Dutt (Paul)2 pages

04.09.2024 Court No.29 Item No. 121 Allowed sg CRM (A) 3055 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Haroa Police Station Case No. 202 of 2024 dated 07.05.2024 under Sections 498A/302/304B/120B/406/34 of the Indian Penal Code and Section 4 of the D.P. Act, pending before the learned Additional Chief Judicial Magistrate, Basirhat. And In Re: Rina @ Rani Sardar @ Mondal Petitioner Mr. Uday Sankar Chattopadhyay Mr. Pranoy Basak Ms. Bidisha Chakraborty For the Petitioner Mr. Ranabir Roy Chowdhury For the State 1.

The learned Counsel for the petitioner submits that the petitioner the married sister-in-law of the victim. It is submitted that the petitioner is no way involved in the commission of the alleged offence. 2.

The learned Counsel for the State has produced the case diary and the statement of the witness related to the deceased and the postmortem report. It is further submitted that the investigation is complete and charge sheet has been filed.

3.

Considering the materials available in the case diary, the nature and extent of involvement of the petitioner and in view of the fact that no specific overt act is attributed to the petitioner, we are of the view that custodial interrogation of the present petitioner is not necessary.

4.

Accordingly, we direct that in the event of arrest the petitioner namely, Rina @ Rani Sardar @ Mondal, shall be released on bail upon furnishing a bond

of Rs.10,000/-, with two registered sureties of like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, subject to further condition that the petitioner shall appear before the trial court on each and every date of hearing until further orders.

5. In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without any further reference to this Court. 6.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Shampa Dutt (Paul), J.) Signed By :

SANJIB GHOSH High Court of Calcutta 6 th of September 2024 11:36:17 AM