Calcutta High CourtCRM/1083/2021allowed

Pratima Roy And ORS v. The State Of West Bengal

2021-12-14Hon'Ble Justice Soumen Sen,Hon'Ble Justice Biswajit Basu2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 14.12.2021 AT JALPAIGURI Court No.01 Item No. 41 Allowed sg CRM 1083 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 518 of 2021 dated 06.10.2021 under Sections 341/323/324/354/307/506/34 of the Indian Penal Code.

And In Re : Smt. Pratima Roy & Ors.

Petitioners Mr. Arijit Ghosh For the Petitioners Mr. Kallol Acharjee Mr. Ujjwal Luksom Ms. Namrata Das For the State The learned Counsel for the petitioners submits that the petitioners have been falsely implicated in the instance case due to village rivalry. The learned Counsel for the State opposes the prayer for anticipatory bail and has relied upon the statement of the elder brother of the victim recorded under Section 161 of the Code of Criminal Procedure and submits that the petitioners have been implicated by the elder brother of the victim. However, in all fairness he has submitted that the injury report does not show any life threatening injury.

Having regard to the materials available in the case diary, injury report which does not show life threatening and considering the nature and extent of involvement of the petitioners in the commission of alleged offence, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest the petitioners, namely, Smt. Pratima Roy, Tumpa Roy and Rumpa Roy, shall be released on bail

upon furnishing a bond of Rs.5,000/- each, 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.

The prayer for anticipatory bail is allowed and CRM 1083 of 2021 is accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Biswajit Basu, J) (Soumen Sen, J)