Bandana Bose v. State Of West Bengal

13.01.2023 tkm/ct 28 C.R.M. (DB) 129 of 2023 sl no. 50 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Sankrail P.S case no. 899 of 2022 dated 30.8.2022 under sections 498A/326/307/34 of the IPC and Allowed In Re : Smt. Bandana Bose ...... petitioner Mr. Sayak Chakraborty Mr. T Bisws Ms. Fahima Tabassum ...... for the petitioner Mr. Debabrata Chatterjee Mr. Santanu Chatterjee ...... for the State Petitioner is in custody for 130 days. Investigation is complete. It is submitted she is not the principal accused. She prays for bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including the statements of the survivor and her daughter. Petitioner is not the principal accused. Accuseds had taken the survivor to the hospital. Petitioner had bore the expenses.

In view aforesaid circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 CJM Howrah on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application being CRM (DB) 129 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)