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Judgments of Supreme Court of India and High Courts

Of 2019 Dated 25.11.2019 Under … vs In Re: Shukla Sarkar @ Sampa Sarkar on 2 March, 2020

1

02.03.2020

Sl. No.74
akd
[ALLOWED]
C. R. M. 2234 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 28.02.2020 in connection with Ranaghat Police Station Case No. 368
of 2019 dated 25.11.2019 under Sections 498A/302/120B of the Indian Penal Code.

And

In Re: Shukla Sarkar @ Sampa Sarkar
… … Petitioner
Ms. Minoti Gomes .. Advocate
… … for the petitioner

Mr. Saswata Gopal Mukherjee .. Ld. Addl. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that she has been implicated in the

instant case on the basis of allegations which are unsubstantiated. It is further submitted

that the instant case has been initiated after 16 years of marriage.

Learned advocate appearing for the State produces the case diary an opposes

the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of

allegations in the light of the aforesaid submission made on behalf of the petitioner, we

are of the opinion that custodial interrogation of the accused/petitioner may not be

necessary in the facts of the present case and she may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Shukla Sarkar @ Sampa Sarkar, be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the
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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. Petitioner shall appear

before the Investigating Officer and hand over her passport, if any, within four weeks from

date. In the event she does not have a passport, she shall personally appear before the

Investigating Officer and furnish an affidavit to that effect within the time frame mentioned

hereinabove.

The application for anticipatory bail is, thus, disposed of.

(Tirthankar Ghosh, J.) (Joymalya Bagchi, J.)

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