Namita Saha v. State Of West Bengal

18.12.2020 Sdas allowed CRM 10491 of 2020 (via video conference) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali P.S. Case No. 668 of 2020 dated 10.09.2020 under Sections 498A/306/34 of the Indian Penal Code.

And In Re : Namita Saha .........petitioner. Mr. Samiran Mandal Mr. Abhinaba Dan ...for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

Learned Counsel appearing for the petitioner submits that victim suffered accidental death. There is considerable delay in lodging F.I.R.

Learned Counsel appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Thee is no direct evidence that the petitioner had set the victim on fire. That apart, there is delay in lodging F.I.R.

Accordingly, we are inclined in granting anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)