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Calcutta High CourtCRM (A)/3955/2025allowed

Jaya Karmakar v. The State Of West Bengal

2025-12-11Hon'Ble Justice Jay Sengupta2 pages

11/12/2025 D/L - 63 Court No.28 S. Kundu Allowed C.R.M.(A) 3955 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Belda P.S FIR No. 349 of 2025 dated 7/9/2025 under sections 316(2)/318(2)/318(4)/61(2)/351/3(5) of the BNS. In the matter of: Jaya Karmakar

...Petitioner.

Mr. Ranjan Kr. Roy Mr. Ramajit Roy Mr. Indra Prasad Mullick ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Mujibar Ali Naskar ...for the State.

1. Learned senior counsel appearing for the petitioner submits as follows. The petitioner is the wife of the owner of the jewellery shop. The said owner used to visit his sister's house in Kolkata and from there he would go to other places for business. On 15/8/2025, he went missing. The sister lodged a missing diary. However, the owner's other family members including the present petitioner and the owner's mother have all been made accused in this case.

2. Learned counsel appearing on behalf of the de-facto complainant opposes the prayer for anticipatory bail. He submits that the wife is very much a party to the transactions and was managing the business.

3. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He refers to the case diary and submits that there are other persons from whom the said owner of the business had taken jewellery/money.

4. Considering the above and the other materials available in the case diary, the fact that the principal accused is not before this Court and the alleged role ascribed to the present petitioner, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

5. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses.

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

7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)