Sahida Begam And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 21.09.2021 Court No.01 rpan /40 C.R.M. 295 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Sahida Begam & 3 Others - Petitioners.

Mr. Kallol Ghosh ... for the petitioners.

Mr. Arun Kumar Sarkar, Mr. Sourav Ganguly, Mr. Biswarup Roy ... for the State.

Apprehending arrest in connection with Kotwali Police Station Case No.41 of dated 27.01.2021 under Sections 448/325/307/379/506/34 of the Indian Penal Code, 1860, the petitioners have filed the present application. The learned advocate appearing for the petitioners submits that amongst the parties there is a case and counter-case. The petitioner no.1 herein was assaulted and she had to be hospitalized, as would be explicit from the medical documents as annexed to the application. The allegations levelled against the petitioners are absolutely unfounded and in the said conspectus, custodial interrogation of the petitioners is not warranted in the facts and circumstances of the case. The learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the statements of the witnesses, as recorded under Section 164 of the Code and the medical reports.

It appears that there was a case and counter-case amongst the parties. The petitioner no.1 herein was also injured and she had to be hospitalized. In the statements of the witnesses, as recorded under Section 164 of the Code, no overt act has been attributed to the petitioners.

Considering the nature of accusations and the extent of complicity of the petitioners, we are of the opinion that custodial interrogation is not necessary.

Accordingly, we direct that in the event of arrest, the petitioners, namely, 1. Sahida Begam, 2. Sabir Husain, 3. Emran Husain and

4. Ruman Husain 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 438(2) of the Code of Criminal Procedure, 1973.

The petitioners shall cooperate with investigation and shall meet with the Investigating Officer as and when called for. With the above observations, the application for anticipatory bail, being CRM 295 of 2021 is allowed.

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