Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 34262 (CAL)

LATA ROY (SARKAR) @ LATA ROY v. STATE OF WEST BENGAL

/2102/2026 · 2026-08-20

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.08.2026 Serial no. 15 [Srimanta] Ct. No. – 39 Bail Allowed CRM (A) 2102 of 2026 In re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with G. R. Case No. 946/2026 arising out of Kaliyaganj Police Station Case No. 195/2026 dated 14.04.2026 under Sections 85/115(2)/117(2)/118(2)/ 109(01)/303(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 pending before the Chief Judicial Magistrate at Raiganj, Uttar Dinajpur -And- In the matter of : LATA ROY (SARKAR) @ LATA ROY … … Petitioner. Ms. Faria Hossain, Ms. Suparna Chatterjee, Advocates … … For the Petitioner. Mr. Brajesh Jha, Ms. Sanjana Jha, Advocates … …For the State. 1. Memo of evidence, filed by the State in Court today, be kept with the record. 2. Learned Counsel appearing on behalf of the petitioner submits that the present petitioner is the mother-in-law of the victim. She is innocent and she has been falsely implicated in this case. She further submits that in this case four accused persons have been granted anticipatory bail and one accused person has been granted regular bail by the learned Sessions Judge. She prays for anticipatory bail on any terms and conditions. 3. Learned Advocate appearing for the State opposes the prayer for anticipatory bail and produces the Memo of Evidence as well as the Case Diary. She candidly submits 2 that bail of the husband was granted on the basis of amicable settlement between the de facto complainant and the accused persons. 4. Having heard the submission of the respective parties and on perusal of the materials on record and case diary including the statement of the victim and the bail order of the learned Sessions Judge, this Court finds the matter has been settled between the de facto complainant and the accused persons and only on the said basis, the husband was granted bail. 5. Having considered the overall facts and materials available in the record, this Court finds that this is a fit case for allowing anticipatory bail to the petitioner since there is no need of custodial interrogation. 6. As such, the prayer for anticipatory bail of the petitioner, namely, LATA ROY (SARKAR) @ LATA ROY is allowed. 7. Accordingly, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. In the event the petitioner fails to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 9. The application for anticipatory bail being CRM(A) 2102 of 2026 is, thus, allowed. 10. All concerned parties shall act on the server copies of this order duly downloaded from the official website of this Court. 3 11. Concerned department is directed to supply urgent certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)