Hasilata Bala @ Hasi Bala v. State Of West Bengal

11.01.2023.

41.

as (Allowed) C.R.M. (DB) 84 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdah P. S. Case No.289 of 2022 dated 06.05.2022 under Sections 417/376/406/506/34 of the Indian Penal Code.

In the matter of : Hasilata Bala @ Hasi Bala. .... Petitioner.

Mr. Shibaji Kr. Das, Ms. Rupsa Sreemani.

...for the Petitioner.

Mr. Debabrata Chatterjee, Ms. Mausumi Sarkar.

...for the State.

Petitioner is in custody for 49 days. It is contended he is not the principal accused. He prays for bail. Learned Advocate for the State opposes the prayer for bail. He submits petitioner had assaulted the victim. We have considered the materials on record. Petitioner is not the principal accused. Injuries are simple. Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner viz., Hasilata Bala @ Hasi Bala 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 learned Additional Chief Judicial Magistrate, Kalyani, Nadia subject to condition that she shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)