Aradhana Sharma v. State Of West Bengal

C.R.M. (A) 5379 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara P.S. Case No.265 of 2022 dated 26/07/2022 under Section 306 of the Indian Penal Code, 1860.

And In the matter of: Aradhana Sharma ....petitioner.

Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Aniket Mitra ...for the State.

Petitioner prays for anticipatory bail.

(AD) 23.11.2022 Court No.29 (Allowed) The post-mortem report of the victim suggests that the victim committed suicide.

Apparently, the victim was in a relationship with the petitioner who is a married lady.

The police complaint was lodged after an order was passed under Section 156(3) of the Code of Criminal Procedure. The petition under Section 156(3) of the Code of Criminal Procedure was filed two months after the incident. 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/- (Rupees Ten Thousand Only), with two 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 and on further condition that the petitioner will cooperate with the investigation 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.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 5379 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)