Shefali Bibi And ANR v. State Of West Bengal

15.10.2020 tkm C.R.M. 7735 of 2020 sl no. 47 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Harishchandrapur P.S case no. 389 of 2020 dated 21.6.2020 under sections 420/376/506/109 the Indian Penal Code And Allowed In Re : Shefali Bibi & Anr.

...... petitioners Md. S Rahaman Mr. M Kurmi ...... for the petitioners Mr. B K Roy Ms. Rita Datta ...... for the State Mr. Arup Sarkar ...... for the de facto complainant It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case.

Learned lawyer for the state opposes the prayer for anticipatory bail and submits that the petitioners had duped the victim and had taken large sums of money on false promise of giving employment. She had also been ravished by threatening to put her intimate pictures on social media platform. Learned lawyer for the de facto complainant also opposes the prayer for anticipatory bail.

We have considered the materials on record. There is no documentary evidence with regard to payment of large sums of money as alleged. That apart no electronic evidence has also been collected with regard to taking of and/or embarrassing uploading of pictures of the victim on social media.

In view of the aforesaid facts, we are of the opinion custodial interrogation of the petitioners for progress of

investigation may not be necessary but petitioners require to cooperate with investigation in accordance with law. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each 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 and on further condition that the petitioner while on bail shall meet investigating officer once in a week until further orders.

The application being CRM 7735 of 2020 is disposed of. (Subhasis Dasgupta, J.) (Joymalya Bagchi, J.)