Munmun Poddar v. The State Of West Bengal

02.12.2024 Item No.75 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 942 of 2024 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Alipurduar Police Station Case No.426 of 2024 dated 17.10.2024 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Munmun Poddar ....Petitioner.

Mr. Subhasish Misra, Mr. Satyajit Paul, Mr. Abhijit Chanda, Ms. Keya Sarkar ...for the Petitioner.

Mr. Kallol Acharjee, Mr. Chattu Roy ... for the State.

1. The petitioner prays for anticipatory bail on the ground that she has been falsely implicated.

2. The learned advocate for the State produces the case diary.

3. We have considered the materials on record. The petitioner and the deceased were married for ten years before the alleged incident took place.

4. Under such circumstances, we are inclined to extend the benefit of Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the B.N.S.S., 2023, to the petitioner.

5. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of equal amount each, to the satisfaction of the arresting officer. The petitioner will cooperate with the investigation and not tamper with evidence or intimidate witnesses.

6. The application for anticipatory bail, being CRM (A) 942 of 2024 is, thus, disposed of.

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

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)