Allowed

Pratima Roy and Ors. v. the State of West Bengal

Calcutta HC14 Dec 2021CRM/1083/2021

Case brief

AI extract

What is this about?

Circuit Bench at Jalpaigori granted anticipatory bail to three petitioners under Section 438 CrPC in connection with an IPC case involving violent offences and assault. The court relied on the non-life-threatening nature of injuries and village rivalry as grounds for discharge.

What did the court decide?

Petitioners directed to be released on anticipatory bail upon furnishing a bond of Rs. 5,000 each with two sureties of like amount.

Pratima Roy and Ors. Vs the State of West Bengal — Bail and Remand | Calcutta HC (2021)

¶1

CIRCUIT BENCH OF CALCUTTA HIGH COURT 14.12.2021 AT JALPAIGURI

¶2

14.12.2021

¶3

Court No.01 Item No. 41 Allowed sg

¶4

CRM 1083 of 2021

¶5

(Via Video Conference)

¶6

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 518 of 2021 dated 06.10.2021 under Sections 341/323/324/354/307/506/34 of the Indian Penal Code.

¶7

And

¶8

In Re : Smt. Pratima Roy & Ors.

¶9

Mr. Arijit Ghosh Mr. Kallol Acharjee Mr. Ujjwal Luksom Ms. Namrata Das

¶10

Petitioners

¶11

The learned Counsel for the petitioners submits that the petitioners have

¶12

been falsely implicated in the instance case due to village rivalry.

¶13

The learned Counsel for the State opposes the prayer for anticipatory bail and has relied upon the statement of the elder brother of the victim recorded under Section 161 of the Code of Criminal Procedure and submits that the petitioners have been implicated by the elder brother of the victim. However, in all fairness he has submitted that the injury report does not show any life threatening injury.

¶14

Having regard to the materials available in the case diary, injury report which does not show life threatening and considering the nature and extent of involvement of the petitioners in the commission of alleged offence, we are inclined to grant anticipatory bail to the petitioners.

¶15

Accordingly, we direct that in the event of arrest the petitioners, namely, Smt. Pratima Roy, Tumpa Roy and Rumpa Roy, shall be released on bail

¶16

¶17

upon furnishing a bond of Rs.5,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

¶18

The prayer for anticipatory bail is allowed and CRM 1083 of 2021 is accordingly, disposed of.

¶19

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

¶20

(Biswajit Basu, J) (Soumen Sen, J)

Pratima Roy and Ors. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

Pratima Roy and Ors. v. the State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Supriya Shaw and Ors. Vs State of West Bengal

Sahidur Rhaman Vs the State of West Bengal and Ors.

Nimchen Lama Vs State of West Bengal

Ankur Sarkar Vs State of West Bengal

Dharmendra Rava@Sendra@Mendra@Rava and Ors. Vs State of West Bengal

Amjadul Haque Vs State of West Bengal