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Calcutta High CourtCRM/350/2020allowed

Shikha Karji v. State Of West Bengal

2020-09-082 pages

08.09.2020 rrc CRM 5138 of 2020 (via video conferencing) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Matigara P.S. Case No. 196 of 2020 under Sections 447/420/465/468/471/34 of the Indian Penal Code.

In the matter of : Sikha Karji .........Petitioner Mr. Prajwal Gurung ...for the Petitioner Mr. Aniruddha Biswas ...for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. It is submitted on behalf of the petitioner that she has been falsely implicated in the instant case. Alleged forged power of attorney has already been seized.

Learned lawyer for the State submits that the petitioner is a member of a gang of land grabbers, who on the strength of the forged power of attorney illegally conveyed the land. We have considered the materials on record. Alleged forged document has already been seized. There is no forensic report connecting the petitioner with the preparation of the forged document.

In view of the aforesaid facts and as the petitioner does not have criminal antecedent, we are granting the petitioner pre-arrest bail.

Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner shall co-operate with investigation.

The application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)