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Calcutta High CourtCRM (DB)/794/2023allowed

Rozina Biswas@Mondal And ANR v. State Of West Bengal

2023-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (DB) 794 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P.S. Case No.1234 of dated 21/12/2022 under Sections 341/325/326/307/34 of the Indian Penal Code.

And In the matter of: Rozina Biswas @ Mondal & Anr. ....petitioners.

Ms. Minoti Gomes Mr. Partha Sarathi Das ...for the petitioners.

Mr. Swapan Banerjee Mr. Suman De ...for the State.

Petitioners seek bail.

AD 28.02.2023 Ct. No.29 (Allowed) Leave granted to the learned Advocate appearing for the petitioners to correct the typographical error in the petition. Petitioners are in custody for 81 days.

Police filed charge sheet.

Apparently, the allegation is that the petitioners participated in an assault with sharp cutting weapon.

Considering the gravity of the offence, the nature of injuries suffered and the period of detention of the petitioners and their role in the incident, we grant bail to the petitioners. Accordingly, the petitioners 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to the condition that during bail the petitioners shall appear before the learned trial court on

every date of hearing and that the petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioners fail to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The prayer for bail of the petitioners is allowed. The application for bail being C.R.M. (DB) 794 of 2023 is, thus, disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)