Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Dr. Archana Majumdar on 28 November, 2017
1
79. November C.R.M. 11061 of 2017 28, 2017 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on November 6, 2017 in connection with Balurghat Police Station Case No. 422 of 2017 dated October 10, 2017 under Sections 417/376(2)(n)/214/354/506/509 of the Indian Penal Code;
And In the matter of : Dr. Archana Majumdar ...petitioner.
Versus
State of West Bengal ...opposite party.
Mr. Bhaskar Sen,
Mr. Phoroze Edulji,
Mr. Rajdeep Biswas,
Mr. Nikunj Berlia,
...for the petitioner.
Mr. Anjan Dutta,
...for the State.
Report is submitted on behalf of the investigating agency. We have perused the said report. From the report, we find telephonic conversations took place between the victim and the petitioner and it is contended that the victim was sought to be persuaded by the petitioner to withdraw the criminal prosecution on payment of a certain sum of money. It further appears that another criminal case has been registered over selfsame allegations.
We note that the principal accused is presently on bail. The petitioner had subjected herself to interrogation and the electronic gadgets of the petitioner have been seized for examination by the Forensic Science Laboratory.
Under such circumstances, we are of the opinion that custodial interrogation of the petitioner for the progress of investigation may not be necessary, but her movement is required to be restricted so that there is no threat perception on the victim in any manner whatsoever.
Accordingly, we direct that in the event of arrest of the petitioner, namely, Dr. Archana Majumdar, she shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand) only with two sureties of like amount - one of whom must be local - to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of 2 Criminal Procedure and on further condition that the petitioner shall not enter the territorial jurisdiction of Balurghat Police Station until further orders and shall not seek to establish any connection through electronic messages or otherwise with the victim.
The application for anticipatory bail is, thus, allowed.
dns ( Rajarshi Bharadwaj, J. ) ( Joymalya Bagchi, J. )