Protima Pal v. State Of West Bengal

20.01.2023 sdas allowed CRM(DB) No. 268 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Krishnagar Kotwali Police Station Case No. 1403 of 2013 dated 07.09.2013 under Sections 307/448/325/34 of the Indian Penal Code subsequently charge-sheet submitted under Sections 448/323/307/34 of the Indian Penal Code.

And In Re : Protima Pal ...... petitioner Mr. Prabir Majumder Mr. Snehansu Majumder .....for the petitioner Ms. Faria Hossain Ms. Mamata Jana ..... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Incident occurred in the course of a family quarrel. There is no medical report supporting the allegation of assault. Under such circumstances, we are inclined to grant bail to the petitioner. Accordingly, we direct that the petitioner 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 Chief Judicial Magistrate, Nadia at Krishnagar, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the trial court without 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, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)