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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.)