Shiuli Dhali @ Shaili Dhali And ANR v. State Of West Bengal

14.02.2023 Sl. No.29 akd [ALLOWED] C. R. M. (DB) 599 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.02.2023 in connection with Domjur Police Station Case No.35 of 2023 dated 16.01.2023 under Sections 306/34 of the Indian Penal Code. (G.R. Case No.221 of 2023) And In Re: Smt. Shiuli Dhali @ Shaili Dhali & Anr. ... Petitioners Mr. Asit Nayek ... for the petitioners Petitioners are in custody for about a month. It is alleged petitioner no.2 had a love affair with the victim viz. Rajib Sani. She along with her mother i.e. petitioner no.1 herein pressurized Rajib for money. Subsequently, Rajib committed suicide. We have considered the nature of the allegations. There was free mixing between the victim and petitioner no.2.

Whether the alleged conduct of the petitioners would constitute abetment to suicide may be assessed during trial. Petitioners are women and there is no possibility of their abscondence. In view of the aforesaid circumstances, we are of the opinion further detention of the accuseds/petitioners is not necessary.

Therefore, the accuseds/petitioners, namely (1) Smt. Shiuli Dhali @ Shaili Dhali & (2) Bidisha Dhali, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah subject to condition that the said petitioners 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)