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Calcutta High CourtCRM (DB)/1310/2023allowed

Gulbanu Bewa @ Golenur Begum v. State Of West Bengal

2023-04-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.04.2023 sdas allowed CRM(DB) No. 1310 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kushmandi Police Station Case No. 01 of 2022 dated 01.01.2022 under Sections 498A/302/34 of the Indian Penal Code.

And In Re : Gulbanu Bewa @ Golenur Begum ...... petitioner Mr. Kaushik Chaudhury Ms. Busra Khatun .....for the petitioner Mr. Saswata Gopal Mukherji, learned P.P.

Mr. Partha Pratim Das Mrs. Manasi Roy ..... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Husband of the housewife is the principal accused. Petitioner stands on the same footing with co-accused viz. Lilufa Begum @ Lilufa Khatoon who has been enlarged on bail. Keeping in mind the extent of complicity of the petitioner in the crime and the period of detention suffered by him i.e. 378 days, 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 Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur, subject to 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 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.)