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Calcutta High CourtCRM/7208/2020allowed

Urmila Sarkar v. State Of West Bengal

2020-10-01Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Subhasis Dasgupta2 pages

01.10.2020 Sl. No.33 Ct-11 BM/CP CRM 7208 of 2020 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Islampur Police Station P.S Case No.267 of 2020 dated 28.05.2020 under Sections 498A, 302 and 34 of the Indian Penal Code.

And In the matter of : Urmila Sarkar ... Petitioner Mr. Ratul Das Mr. Ashim Kumar Chakravarti ... for the Petitioner Mr. N. Ahamed Ms. Amita Gaur ... for the State Learned advocate for the petitioner submits that the main accused/husband is in custody. The present petitioner is the sisterin-law of the main accused. She has been falsely implicated in the present case and accordingly, prays for grant of anticipatory bail. Learned advocate appearing for the State opposes the prayer for bail. The learned advocate also produces the case diary and draws the attention of the court at the statement under Section 161 of the Code of Criminal Procedure made by the neighbours. Considering the submissions advanced by the learned advocates appearing for the parties and the case diary, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail is allowed. 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, one of whom must be local to the satisfaction of the arresting officer of the case.

The aforesaid order shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The application for anticipatory bail being CRM 7208 of 2020 is disposed of.

(Samapti Chatterjee, J. ) (Subhasis Dasgupta, J.)