Arati Roy And ANR v. State Of West Bengal

29.09.2022.

24.

AD/KC (Partly Allowed).

C.R.M. (A) 4700 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandipur P. S. Case No.282 of 2022 dated 09.08.2022 under Sections 307/323/324/325/34/341/379/506 of the Indian Penal Code.

In the matter of : Arati Roy & Anr.

... Petitioners.

Mr. Amal Krishna Samanta ...for the Petitioners.

Md. Anwar Hossain Mr. A. E. Molla .....for the State.

We have considered the materials on record. Allegation of assault is against petitioner no. 1, Arati Roy. In view of the prima facie involvement of the petitioner no. 1 in the crime, we are not inclined to grant anticipatory bail to her. Keeping in mind the extent of complicity of petitioner no. 2 (Gopal Sahoo) against whom allegations are general and omnibus, we grant anticipatory bail to him. Accordingly, we direct that in the event of arrest the petitioner no. 2 shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, 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 and on further condition that the

petitioner no. 2 shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, partly allowed.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)