Two Judges allowed an application for anticipatory bail filed by Tripti Rani Das, allowing apprehended arrest in IPC cheating/false evidence and Foreigners Act proceedings, directing release on bond.
Application for anticipatory bail allowed; petitioner directed to surrender on bail upon arrest furnishing Rs.10,000 bond.
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08.03. 2022
Court No.32 rpan / 17
CRM (A) 523 of 2022 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;
And
In Re.: Tripti Rani Das alias Tripti Das - Petitioner
Mr. Susnigdho Bhattacharyya … for the Petitioner.
Mr. Narayan Prasad Agarwala, Ms. Subhasree Patel … for the State.
Apprehending arrest in connection with Petrapole Police Station Case No.146 of 2021 dated 20.09.2021 under Sections 417/465/467/468/471 of the Indian Penal Code, 1860 and Section 14 of the Foreigners Act, 1946, the petitioner has filed the present application.
Mr. Bhattacharyya, learned advocate appearing for the petitioner submits that the allegations levelled against the petitioner are absolutely unfounded. She is an Indian citizen and is permanently residing at the address given in the cause title of the application. She has three minor daughters, who are residing along with her. Upon completion of investigation charge sheet has also been submitted and as such, her custodial interrogation may not be necessary. Answering our query, he submits that the husband of the petitioner was arrested and was subsequently enlarged on bail.
Ms. Patel, learned advocate appearing for the State opposes the petitioner’s prayer and draws our attention to several documents in the case diary.
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Heard the learned advocates appearing for the respective parties. Considering the materials in the case diary and bearing in mind the nature of accusations in the light of the submissions as advanced and in view of the fact that upon completion of investigation charge sheet has been submitted, we are of the opinion that custodial interrogation of the petitioner is not warranted, more so when she is a female family member, having three minor children and prima facie , there is also no possibility that she would flee from justice or delay the trial by abscondence.
Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner, namely, Tripti Rani Das alias Tripti Das shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties of like amount each, one of whom must be local, 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.
It is further directed that the petitioner shall attend the learned court below on all the dates specified for hearing and shall not tamper with the evidence and/or intimidate the witnesses in any manner whatsoever.
In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned court below shall be at liberty to her bail, in accordance with law, without further reference to this Court.
The application for anticipatory bail, being CRM (A) 523 of 2022 is, thus, disposed of.
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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)
1 issue framed by the court
Whether an application for anticipatory bail under Section 438 CrPC should be allowed given the nature of allegations and possession of a charge sheet.
2 provisions across 1 enactments
Tripti Rani Das alias Tripti Das
The State
Sugato Majumdar
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
