Anima Mandal v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 20.01.2025.

55.

as (Allowed).

C.R.M. (A) 1007 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar P.S. Case No.790 of 2024 dated 02.09.2024 under Sections 108/308(2)/115(2)/351(2)/3(5) of the BNS, 2023. In the matter of : Anima Mandal ... Petitioner.

Mr. Hillol Saha Podder.

...for the Petitioner.

Mr. Ujjwal Luksom, Ms. Namrata Das.

.....for the State.

1. Petitioner contends she had an illicit relationship with the deceased. Deceased blackmailed her. She lodged FIR. Thereafter, deceased committed suicide. Accordingly, she prays for anticipatory bail.

2. Learned Advocate for the State opposes the prayer for anticipatory bail. He refers to the statement of the deceased's son that the deceased had recorded a dying statement in his mobile phone.

3. We have considered the materials on record. Deceased had an illicit relation with the petitioner. Deceased blackmailed her. She lodged FIR against the deceased. Subsequently, he committed suicide. Petitioner is not named in the dying statement.

4. Under such circumstances, we are inclined to grant anticipatory bail 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 like amount each, to the satisfaction of the arresting officer and 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 appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

6. This application for anticipatory bail is, thus, disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)