Namita Bhattacharjee v. State Of West Bengal

01.03.2023 Ct. No. 29 CHC Allowed C.R.M.(DB) 373 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No.1190 of 2022 dated 15.11.2022 under Sections 498A/304B/302/34 of the Indian Penal Code.

And In the matter of: Namita Bhattacharjee ...... petitioner Mr. Prabir Majumder, Ms. Sangeeta Chakraborty ....for the petitioner Mrs. Zareen N. Khan, Mr. Arup Sarkar ....for the State Police filed chargesheet.

The issue as to whether the victim committed suicide due to the torture meted out by the petitioner or not is an issue which is required to be decided at trial.

Considering the period of detention of the petitioner and the fact that the police filed chargesheet and considering the materials in the case diary, we 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 Additional Chief Judicial Magistrate,

Ranaghat, Nadia, subject to the condition that the 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 any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner without further reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)