Kakuli Roy( Nee Barman) v. State Of West Bengal

C.R.M. (A) 4291 of 2023 20.11.2023 SL. 18 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tapan Police Station Case No. 80 of 2023 dated 11.02.2023 under Sections 448/325/326/307/34 IPC and added Section 302 IPC (corresponding to G.R. Case No. 252 of 2023, pending before the Learned CJM, Balurghat, Dakshin Dinajpur).

And In the matter of: Kakuli Roy (Nee Barman) ....petitioner.

Mr. Kaushik Chaudhury Ms. Busra Khatoon ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Sandip Chakrabarty ... for the State.

1. Heard learned Counsel for the parties.

2. Though from the materials as placed before us, we find the role of the present petitioner in the alleged crime is found to be prima facie prominent along with other co-accused persons. But considering the fact that there is no further requirement of custodial interrogation of the present accused petitioner, who is a lady, we are inclined to take a lenient approach.

3. Investigation is stated to have been completed in the meantime.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur, in

G.R. Case No. 252 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On her appearance and application for bail, she shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

6. The application being CRM (A) 4291 of 2023 is disposed of.

7. Learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur, is hereby directed to act upon the server copy of this order, if required.

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