Rasana Begam @ Raoshanara Begam v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 01.04.2024 Court No.01 rpan/ 198 CRM (A) 200 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re: Rasana Begam @ Raoshanara Begam - Petitioner Mr. Bablu Mitra, Ms. Rupa Shil ...for the Petitioner.

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

Apprehending arrest in connection with Dhupguri Police Station Case No.525 of 2021 dated 17.12.2021 under Sections 341/323/306/34 of the Indian Penal Code, the present application has been preferred.

Mr. Mitra, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No specific overt act has been attributed to the petitioner. Upon completion of investigation chargesheet has also been submitted and as such, custodial interrogation of the petitioner may not be necessary, moreso when there is no possibility that the petitioner would flee from justice.

Mr. Luksom, learned advocate appearing for the State denies and disputes the contention of the petitioner. However, answering our query, he submits that upon completion of investigation

chargesheet has been submitted and one co-accused person had already been enlarged on bail.

Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence, 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 necessary.

Accordingly, we direct that in the event of arrest the petitioner, namely, Rasana Begam @ Raoshanara Begam 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.

It is further directed that the petitioner shall not intimidate the witnesses and/or tamper with the evidence in any manner whatsoever.

The application for anticipatory bail, being CRM (A) 200 of 2024, is disposed of.

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