Allowed

Poonam Das v. State of West Bengal

Calcutta HC1 Oct 2021CRM/6265/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 CrPC regarding alleged charges of cruelty and abetment to suicide, the High Court found immediate custodial interrogation unnecessary and granted bail with specific conditions.

What did the court decide?

Petitioner granted bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to abide by conditions under Section 438(2) CrPC.

Poonam Das Vs State of West Bengal — Matrimonial and Divorce | Calcutta HC (2021)

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01.10.2021 Item no.21 Court No.32. S.De (allowed )

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(Via Video Conference)

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CRM No. 6265 of 2021

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In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 07.09.2021 in connection with Shibpur Police Station Case No. 207 of 2021 under Sections 498A/306/34 of the Indian Penal Code.

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And

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In the matter of : Poonam Das.

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……Petitioner.

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Mr. Pintu Karar, Advocate,

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……for the Petitioner.

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Mr. Debabrata Chatterjee, Ld. A.P.P., Ms. Mousumi Sarkar, Advocate,

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……for the State.

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The petitioner is the married sister-in-law (Nonod) of the victim. She says that at all material times, she lived separately from the victim in the house of her in-laws. She had no role in the death of the victim who committed suicide.

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We have seen the material in the case diary. The allegations of witnesses are general in nature against the mother-in-law and the present petitioner. The mother-in-law was granted anticipatory bail by this Court on September 15, 2021in CRM 5638 of 2021. The present petitioner and the mother-in-law of the victim appear to be similarly

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circumstanced. Charge-sheet has also been submitted upon conclusion of investigation.

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On an overall assessment of the facts and circumstances of the case and the material on record and the possible extent of complicity of the petitioner in the alleged offence, we are of the view that immediate custodial interrogation of the petitioner is not necessary.

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Accordingly, in the event of arrest, the petitioner namely Poonam Das shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

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In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

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The application for anticipatory bail being CRM 6265 of 2021 is, thus, allowed.

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All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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(Bivas Pattanayak, J.)

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(Arijit Banerjee, J.)

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Poonam Das v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Poonam Das v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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