Supriya Mandal v. The State Of West Bengal

01.10.2024 Court No.29 Item No. 10 Allowed sg CRM (A) 3483 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of Bhartiya Nagrik Suraksha Sanhita, in connection with Hogolberia Police Station Case No. 124 of 2024 dated 25.05.2024 under Sections 302/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Krishnagar, Nadia. And In Re: Supriya Mandal Petitioner Mr. Atis Kumor Biswas Mr. Amit Singh Mrs. Jyoti Agarwal For the Petitioner Mr. Madhusudan Sur Ms. Sachit Talukdar For the State

1. We have heard the learned Counsel for the parties. 2.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of alleged offence and in view of the statements of the two independent witnesses recorded under Section 164 of the Code of Criminal Procedure wherefrom it appears that due to physical assault by Jagannath Mondal, the victim died and having regard to the role attributed to the present petitioner and that the charge sheet has already been filed, we are of the view that custodial interrogation of the present petitioner is not necessary.

3.

Accordingly, we direct that in the event of arrest, the present petitioner, namely, Supriya Mandal, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be Signed By :

SANJIB GHOSH High Court of Calcutta 1 st of October 2024 06:30:44 PM

local, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and subject to further condition that the petitioner shall appear before the trial court within ten days from date and thereafter shall appear on each and every date of hearing until further orders.

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

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

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

(Soumen Sen, J.) (Uday Kumar, J.)