Archana Ghosh v. State Of West Bengal

13.10.2020 CRM 7692 of 2020 Court No. 12 Item No. 13 snandy In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 08.08.2020 in connection with Uluberia GRPS Police Station Case No. 2 of 2020 dated 27.02.2020 under Sections 498A/306/34 of the Indian Penal Code. and In the matter of: Archana Ghosh ...... Petitioner Mr. Soumya Basu Roy Chowdhuri, Advocate ......for the Petitioner Mr. Binay Panda, Advocate Mr. Sanjay Bardhan, Advocate ...... for the State (anti-bail allowed) Petitioner undertakes to affirm and stamp the petition/ application as per Rules within one month of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing. The petitioner is the mother-in-law of the victim housewife. The learned Advocate of the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case. The learned Advocate for the State opposes the prayer for anticipatory bail.

Having considered the materials-on-record and the nature and extent of involvement of the petitioner in the commission of the alleged offence we are of the opinion that custodial interrogation of the petitioner is not required.

Therefore, we are inclined to extend the privilege of the anticipatory bail under Section 438 of the Code of Criminal Procedure to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner, namely Archana Ghosh, be released on bail upon furnishing a bond of Rs.5,000/- (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 on further condition that the petitioner will cooperate with the investigation and shall meet the Investigating Officer as and when required.

In the event, the petitioner fails to comply with the conditions as envisaged in this order, it is open to the trial Court to cancel the anticipatory bail without making any reference to this Court. The application being CRM 7692 of 2020 accordingly disposed of.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)