Sunefa Bibi v. State Of West Bengal

10.05.2023 tkm/ct 28 C.R.M. (DB) 1462 of 2023 sl no. 36 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Lalgola PS case no. 418 of 2022 dated 4.11.2022 under sections 498A/325/313/34 of the IPC and sections 3/4 of the DP Act And Allowed In Re : Sunefa Bibi ...... petitioner Mr. Arnab Chatterjee Mr. C Debnath ...... for the petitioner Mr. S G Mukherjee, ld PP Mr. Aniket Mitra ...... for the State Petitioner is the mother in law of the victim housewife. She is in custody for 115 days. Investigation is complete. She prays for bail.

Learned lawyer for the State produces the case diary. We have considered the materials on record. It is alleged that the petitioner had beaten the housewife. As result she miscarried. There is little possibility of trial commencing let alone concluding in the near future. There is no possibility of the petitioner absconding or evading the process of law. Balancing the nature of accusation with the period of detention suffered by the petitioner in the light of the attending circumstances, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 ACJM Lalbagh, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing and shall not

intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application being CRM (DB) 1462 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)