Kajali Barman v. The State Of West Bengal

AD-208 Ct No.01 Jalpaiguri 31.01.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 736 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 05.12.2022 in connection with Dinhata Police Station Case No. 147 of 2020 dated 11.05.2020 under Sections 306/34 IPC and corresponding to G.R. Case No. 157 of 2020. And In the matter of: Kajali Barman .... petitioner Mr. Arjun Chowdhury, Ms. Pratusha Dutta Chowdhury ... for the petitioner Mr. Ujjwal Luksom, Mr. Tapan Bhattacharjee ... for the State Learned counsel for the petitioner contends that the petitioner was one of the people in the neighbourhood who had confronted the alleged victim, who subsequently committed suicide, as the victim used to molest women in the locality irrespective of their age.

That apart, since we are informed that all the other co-accused persons have already been enlarged on bail and the petitioner is a lady having a child of two-and-half years, despite the objection of the State, we feel that this is a fit case to grant anticipatory bail. Accordingly, CRM (A) 736 of 2022 is allowed, thereby granting anticipatory bail to the petitioner on condition that the petitioner shall satisfy the stipulations in Section 438(2) of the Code of Criminal Procedure.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.2,000/-, with two sureties of like

amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Dinhata. The petitioner shall not leave the territorial jurisdiction of the concerned police station during the investigation and make herself available as and when required to do so by the Investigating Officer. (Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)