Lalita Asur And ANR v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

21.02.2025 Court No.01 rpan/ 29 CRM (A) 91 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ghoksadanga Police Station Case No.166 of 2024 dated 10.04.2024 under Sections 498A/304B of the Indian Penal Code, 1860;

And In Re: Lalita Asur & Another - Petitioners.

Mr. Hillol Saha Podder ...for the Petitioners.

Mr. Ujjwal Luksom, Ms. Namrata Das ...for the State.

Mr. Saha Podder, learned advocate appearing for the petitioners submits that the petitioner no.1 is the mother-in-law and the petitioner no.2 is the father-in-law of the deceased. The unfortunate incident occurred about three years after the marriage of the victim lady with the petitioners' son. The allegations levelled against the petitioners are omnibus in nature and upon completion of investigation chargesheet has also been filed. In view thereof, custodial interrogation of the petitioners may not be necessary, moreso when there is no possibility that they would flee from justice.

Mr. Saha Podder further submits that the son of the petitioners, namely, Akash Asur has already been granted bail by the learned Sessions Court.

Mr. Luksom, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates appearing for the respective parties and considering the materials on record, including the statement of the witnesses, the post-mortem report, the nature of accusations and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that custodial interrogation of the petitioners is not necessary, moreso when, prima facie, there is no possibility that they would flee from justice.

Accordingly, we direct that in the event of arrest the petitioners, namely, Lalita Asur and Bishal Asur shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a further condition that they shall attend the trial court on all the dates as fixed for hearing. It is further directed that the petitioners shall not intimidate/influence the witnesses or tamper with evidence in any manner whatsoever.

It is made clear that in the event the petitioners fail to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel their bail without any further reference to this Court.

The application for anticipatory bail, being CRM (A) 91 of 2025, is disposed of.

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