Calcutta High CourtCRM/10853/2020allowed

Sultana Bibi@Sultana Khatun v. State Of West Bengal

2021-03-09Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

CRM No.10853 of 2020 09.03.21 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Debra Police Station Case No.655 of 2019 dated 07.12.2019 under Sections 376(2)(A)/384/120B/34 of the Indian Penal Code, 1860 read with Sections 67 and 67A of the Information Technologies Act, 2000; (S.R.) Sl.141 Ct.28 And In re: Sultana Bibi @ Sultana Khatun ... petitioner.

Mr. Siddhartha Sarkar ... for the petitioner.

Mr. Ranabir Ray Chowdhury Mr. Mainak Gupta ...for the State.

The learned advocate appearing for the petitioner submits that the petitioner is the wife of the principal accused, namely, Sk. Jafar Ali, who has already been enlarged on bail by the learned Sessions Court. The petitioner has been falsely implicated and the allegations levelled against her are unfounded. In the said conspectus, custodial interrogation of the petitioner is not necessary. The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation of the petitioner is not warranted in the facts and circumstances of the case.

Accordingly, we direct that in the event of arrest, the petitioner namely, Sultana Bibi @ Sultana Khatun shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973. Accordingly, the application for anticipatory bail being CRM No.10853 of 2020 is allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)