Calcutta High CourtCRM (A)/3486/2024allowed

Golapi Majumder And ANR. v. State Of West Bengal

2024-10-01Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

01.10.2024 Court No.29 Item No. 13 Allowed sg CRM (A) 3486 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 Karimpur Police Station Case No. 146 of 2024 dated 10.08.2024 under Sections 448/324/325/308/379/506/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia.

And In Re: Golapi Majumder & Anr.

Petitioners Mr. Debarshi Brahma For the Petitioners Mr. Sudip Kumar Mr. Sujoy Sarkar For the State 1.

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

Considering the materials available in the case diary, the statement of the witness and the medical report which shows that the injuries are simple in nature and none of the witnesses has named the petitioner no.2 and also having regard to the nature of involvement of the petitioner no.1 in the commission of the alleged offence, we are of the view that the custodial interrogation of the present petitioners is not necessary. 3.

Accordingly, we direct that in the event of arrest, the present petitioners, namely, Golapi Majumder and Bedana Majumder @ Manimala Majumder, shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered sureties of like amount each, 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 on further condition that the petitioners shall meet the Investigating Officer as and when required following the norms as application to a woman accused till the submission of final report. The petitioners shall appear before the jurisdictional Court within ten days from date. 4.

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

5. 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.)