Calcutta High CourtCRM(A)/28/2024allowed

Megh Roy @ Anita Roy v. The State Of West Bengal

2024-03-06Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Prasenjit Biswas2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 06.03.2024 Court No.1 Item.122 (Srimanta) CRM(A) 28 OF 2024 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Pundibari Police Station Case No. 429 of 2023 dated 29.06.2023 under Sections 498A/302/109/34 of the Indian Penal Code, 1860 and read with Sections 3/4 of the Dowry Prohibition Act, 1963. And In the matter of: Megh Roy @ Anita Roy.

. . .Petitioner.

Mr. Hillol Saha Podder, Ms. Mousumi Das ... For the petitioner.

Mr. Tapan Chattacharjee, Mr. Ujjwal Luksom, Ms. Namrata Das ...For the State.

1. Considering the fact that all the co-accused`, including the husband of the deceased lady, have been released on anticipatory bail and the material in the Case Diary does not contain any evidence implicating the petitioner in the death of the deceased lady, we are inclined to allow the prayer for anticipatory bail. However, since we are informed that

charge-sheet is yet to be submitted, we propose to impose appropriate conditions for anticipatory bail.

2. The petitioner shall hence be released on bail. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of who must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of The Code of Criminal Procedure, 1973. The petitioner shall also not leave the jurisdiction of the Pundibari Police Station without the permission of the Arresting Officer. The petitioner shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever. The petitioner will also meet the Investigating Officer whenever the petitioner is required to do so.

3. The application for anticipatory bail being CRM (A) 28 OF 2024 is allowed and disposed of in terms of the above. (PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)