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Calcutta High CourtCRM(A)/516/2024allowed

Anjolina Juli v. The State Of West Bengal

2024-08-12Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta2 pages

12.08.2024 Court No.1 SL No.25 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 516 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Malbazar P.S. Case No.224 of 2024 dated 28.04.2024 under Sections 306/109/506/34 of the Indian Penal Code.

And In the matter of: Anjolina Juli ....Petitioner.

Ms. Srishti Sarker ...for the petitioner.

Mr. Kallol Acharjee Mr. Sourav Ganguly Mr. Dhiman Sil ...for the State.

1.

Anticipatory bail is sought on the ground that the victim wanted the petitioner to fall in love with him and have relations with him, which the petitioner declined as she is only 19 years old and studying.

2.

Complaint is lodged by the mother of the victim primarily relies upon a whatsapp message.

3.

The whatsapp massage indicates that the victim had expressed undying love to the petitioner and stated he cannot live without her. It further appears that the victim has stated that he would die without her.

4.

This Court does not find any material in the FIR or the complaint indicating that the petitioner has abetted the suicide by the victim.

5.

In the above circumstances, this Court is inclined to grant anticipatory bail to the petitioner.

6.

In the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.1,000/- with two sureties of like amount each, one of whom must be local, 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, 1973 and on further condition that the petitioner shall cooperate with the investigation and on further condition that the petitioner shall appear before the court below and pray for regular bail within a fortnight from date.

7.

In the event the petitioner fails to comply with the aforesaid conditions as enshrined hereinabove, the bail of the petitioner shall automatically stand cancelled without any further reference to this Court.

8.

The application for anticipatory bail is, thus, disposed of. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)