Calcutta High CourtCRM (A)/4448/2023allowed

Manashi Ghosh @ Manasi Ghosh v. State Of West Bengal

2023-11-22Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4448 of 2023 22.11.2023 SL. 43 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 565 of 2023 dated 15.06.2023 under Sections 302/34 IPC and added Section 302 IPC (corresponding to Sl. No. 2391 of 2023, pending before the Learned CJM, Nadia, Krishnagar).

And In the matter of: Manashi Ghosh @ Manasi Ghosh ....petitioner.

Mr. Debabrata Roy Ms. Karabi Roy Ms. Sarbani Mukhopadhyay Mr. Soumik Mondal Ms. Papia Naskar ...for the petitioner.

Ms. Faria Hossain Mr. Anand Keshari ... for the State.

1. Heard learned Counsel for the parties.

2. On perusal of the entire materials as placed before us, it reveals that though the instant case was initially started under Sections 302/34 IPC but on completion of investigation, a charge-sheet has been submitted under Sections 306/34 IPC on 14.09.2023.

3. While opposing the prayer for anticipatory bail, learned Counsel for the State draws our attention to a suicidal note which discloses suspicion of the deceased regarding illicit relationship between the present petitioner and another charge-sheeted co-accused person.

4. Since investigation has been completed in the meantime, we find no further requirement of custodial interrogation of the present accused petitioner.

5. 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, Nadia, Krishnagar, in G.R. Case 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.

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

7. The application being CRM (A) 4448 of 2023 is disposed of.

8. Learned Chief Judicial Magistrate, Nadia, Krishnagar, is hereby directed to act upon the server copy of this order, if required.

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