Maya Sarkar v. State Of West Bengal

17.12.2020 tkm/ct 28 C.R.M. 8924 of 2020 sl no. 90 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Jagaddal P.S case 614 of 2020 dated 21.9.2020 under sections 498A/304B of the IPC read with sections 3/4 of the DP Act Allowed and In Re : Maya Sarkar ...... petitioner Mr. K Bagchi ...... for the petitioner Mr. Imran Ali Ms. Manasi Roy ...... for the State It is submitted on behalf of the petitioner that there is delay in lodging FIR.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the victim was tortured by accused persons and committed suicide.

Allegations of torture are general and omnibus in nature. There is 21⁄2 months delay in lodging FIR.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that 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, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

The application being CRM 8924 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)