Afroza Mallick@ Mallick Afroza v. State Of West Bengal

25.09.2020 Sl. No.39 akd [ALLOWED] C. R. M. 7199 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Shyampur Police Station Case No.

of dated 01.05.2020 under Sections 341/325/326/506/34/302 of the Indian Penal Code. And In Re: Afroza Mallick @ Mallick Afroza ... ... Petitioner Mr. Dipankar Pal .. Advocate Mrs. Juin Dutta Chakraborty .. Advocate ... ... for the petitioner Mr. Swapan Banerjee .. Advocate Mrs. Purnima Ghosh .. Advocate ... ... for the State It is submitted on behalf of the petitioner that there was a quarrel between the family members. It is further submitted that the petitioner is not the principal accused and has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner also assaulted the victim with a broomstick.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioner in the alleged crime and in view of the fact that the principal accused persons are on regular bail, we are of the opinion that custodial interrogation of the accused/petitioner is not necessary in the facts of the present case and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Afroza Mallick @ Mallick Afroza, 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)