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Calcutta High CourtCRM(M)/559/2026allowed

Sumona Dey @ Sumana Dey v. State Of West Bengal

2026-03-31Hon'Ble Justice Tirthankar Ghosh3 pages

D/L80 31.03.2026 Bpg.

Allowed C.R.M. (M) 559 of 2026 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nischinda Police Station Case No.69 of 2024 dated 08.06.2024 under Sections 302/120B/34 of the Indian Penal Code, 1860;

Sumona Dey @ Sumana Dey

Versus

The State of West Bengal Mr. Md. Wasim Akram.

...for the petitioner.

Mr. Subhamoy Bhattacharya Mr. Arup Sarkar.

...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 8th June, 2024 and till date 5 witnesses have been examined. Petitioner did not create any obstruction in the progress of the case and undertakes to cooperate with the further progress of the trial. Learned advocate for the State submits that five witnesses have already been examined. There are materials in support of the prosecution case. However, from a query from this Court, learned advocate for the State submitted that the vulnerable witnesses have already been examined.

Having considered that the petitioner is the lady who is in custody for 1 year 9 months and the case is based on circumstantial evidence, without entering into the merits of the case, considering the period of detention and the stage of the case

as well as the fact that some more time will be required by the prosecution to conclude the evidence, I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Sumona Dey @ Sumana Dey shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned CJM, Howrah. If on bail, the petitioner shall be physically present on each and every date fixed before the learned trial court and shall not leave the district of Howrah without prior permission of the learned trial court. Additionally, the learned trial if it feels that further conditions are required for ensuring the presence of the petitioner, in that case, the learned trial court would impose additional conditions by exercising its discretion. With the aforesaid observations, CRM(M) 559 of 2026 is allowed.

Report submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)