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Calcutta High CourtCRM (A)/4790/2022allowed

Jharna Das v. State Of West Bengal

2022-10-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

31.10.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4790 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Memari Police Station Case No. 725 of 2021 dated 19.11.2021 under Sections 328/381 of the Indian Penal Code, 1860. And In Re : Jharna Das ...... petitioner Mr. Raghunath Adhikari Ms. Bandana Maity ....for the petitioner Mr. Bidyut Kumar Roy Ms. Kumkum Mitra ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, all stolen articles were recovered. The other co-accuseds were enlarged on bail by the Jurisdictional Court. Learned advocate appearing for the State opposes the prayer of grant of anticipatory bail.

The other co-accuseds were enlarged on bail by the Jurisdictional Court. Apparently, the stolen articles were recovered. The petitioner before us is a lady. In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner 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 also be 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 shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)