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Calcutta High CourtCRM (DB)/229/2024allowed

Sandhya Ghosh v. State Of West Bengal

2024-01-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

25.01.2024.

42.

Ct.No.28.

as (Allowed) C.R.M. (DB) 229 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chanditala P.S. Case No.455 of dated 08.09.2022 under 498A/304B/406/34 of the Indian Penal Code read with Section 4 of Dowry Prohibition Act.

In the matter of : Sandhya Ghosh.

.... Petitioner.

Mr. Bitasok Banerjee, Mr. Pradip Mukherjee, Ms. Rima Banerjee.

...for the Petitioner.

Mr. Bibaswan Bhattacharya.

...for the State.

1.

Petitioner is in custody for more than a year. She contends co-accused have been enlarged on bail. Accordingly, she renews her bail prayer.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. Petitioner is in custody for more than a year. Only one witness has been examined. Co-accused has been enlarged on bail. There is no chance of abscondence.

4.

Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

5.

Accordingly, the petitioner viz., Sandhya Ghosh 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, Serampore, Hooghly 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.

6.

In the event 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.

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