Khusboo Chettri @ Khusbu Chettri @ Chhetri v. The State Of West Bengal

09.6.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.65 Circuit Bench at Jalpaiguri ar [ALLOWED] CRM (A) 321 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalchini Police Station Case No.

of dated 05.12.2022 under Sections 419/420/193/182/120B of the Indian Penal Code. And In Re: Khusboo Chettri @ Khusbu Chettri @ Chhetri ... Petitioner Mr. Anirban Banerjee ... for the petitioner Mr. Kallol Acharjee Mr. Arjun Chowdhury ... for the State Heard the learned Advocates appearing for both the parties. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated. It is further submitted that the notice under Section 41A of the Code of Criminal Procedure has not been served upon the petitioner. Learned counsel appearing on behalf of the State opposes the prayer for bail, however, admits that no notice under Section 41A of the Code of Criminal Procedure has been served upon the petitioner.

Having considered the involvement of the petitioner in the commission of alleged offence and no notice under Section 41A of the Code of Criminal Procedure has been served upon the petitioner, we are of the view that the custodial interrogation of the accused/petitioner may not be necessary and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner be released on bail upon furnishing a bond of Rs.5,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall co-operate with the investigation and on further condition that the petitioner shall not leave the jurisdiction without the permission of the jurisdictional court and shall surrender before the court below within four weeks from date and pray for regular bail.

The application for anticipatory bail is, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this court. (Raja Basu Chowdhury, J.) (Soumen Sen J.)