05.02.2025 61. Ct. No. 28 SG [Allowed] C. R. M. (A) 218 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nakashipara Police Station Case No. 552 of 2024 dated 18.06.2024 under Sections 302/201 of IPC and charge-sheet submitted under Sections 306/34 of IPC. And In Re: Ganga Ghosh. … … Petitioner Mr. Asraf Mandal, Mr. Tanbir Mandal. …. For the petitioner Mr. Soumik Ganguly, Mr. Subhasish Datta. …. For the State 1. Petitioner is a lady. She contends she has been falsely implicated out of suspicion. At all material times she was available to the investigating agency. Proclamation and attachment was prayed without following procedure as per law. Accordingly, she prays for anticipatory bail. 2. Learned Advocate for the State opposes the prayer for anticipatory bail. He contends petitioner had illicit relation with the deceased. She called the deceased through mobile phone. Thereafter, the victim was murdered and drowned. 3. We have considered the materials on record. Though statements of witnesses show prior to the incident petitioner had called the victim, post-mortem report discloses a case of ante- mortem drowning. This improbabilises the prosecution case that the victim had been murdered and thereafter drowned. With regard to abscondence, we note petitioner had approached the Signed By : SOURAV GHOSH High Court of Calcutta 7 th of February 2025 04:02:35 PM 2 Sessions Judge for pre-arrest bail which came to be rejected on 12.12.2024. Petitioner was directed to appear before the jurisdictional magistrate within 15 days. However, he approached this Court praying for pre-arrest bail on 15th January, 2025. Ignoring the application for pre-arrest bail which was pending before this Court, investigating agency prayed for proclamation and attachment against her. The aforesaid facts disclose a hasty approach on the part of the investigating agency to declare the petitioner as proclaimed offender. 4. In light of the aforesaid facts, we are of the opinion petitioner had been pursuing her remedy for pre-arrest bail when prayer for proclamation and attachment was made. It cannot be said she had evaded the process of law. Hence, we are inclined to grant anticipatory bail to her. 5. Accordingly, we direct that in the event of arrest, the petitioner viz., Ganga Ghosh be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. She shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6. The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.) Signed By : SOURAV GHOSH High Court of Calcutta 7 th of February 2025 04:02:35 PM