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Calcutta High CourtCRM(M)/203/2025allowed

Rubina Khatun v. State Of West Bengal

2025-05-14Hon'Ble Justice Suvra Ghosh2 pages

14.05.2025 jb.

jdt.

Allowed C.R.M. (M) 203 of 2025 In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Maheshtala Police Station Case No. 605 of 2024 dated 25.11.2024 under Sections 305(a)/331(4)/317(2)/249/316(4)/316(5)/54 of the Bharatiya Nyaya Sanhita.

And In Re : Rubina Khatun .... Petitioner Mr. Soumya Nag Mr. Aditya Tiwari Ms. Namrata Chatterjee ... For the Petitioner.

Mr. Suman De Mr. Soumya Basu Roy Choudhuri ... For the State.

Mr. B. K. Singh Mr. Barun Ghosh Mr. Jayanta Mitra ... For the SBI The petitioner is the wife of the principal accused and allegedly assisted her husband in commission of the alleged offence. She is in custody for more than 100 days and prays for bail.

Learned counsels for the State and the defacto complainant oppose the prayer.

I have considered the material on record.

The petitioner is one of the conspirators of the crime committed by the principal accused who is a disgruntled employee of the State Bank of India, Batanagar Branch. Charge sheet has been submitted. The entire booty has been recovered from the principal accused as well as the house of the principal accused where the petitioner also resides. Trial has commenced. Further detention of the petitioner is not required and she may be granted

bail subject to stringent conditions in order to secure her attendance before the learned trial Court.

Accordingly, the prayer for bail is allowed.

The petitioner namely Rubina Khatun shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore, South 24 Parganas subject to conditions that she shall remain within the jurisdiction of Maheshtala police station and shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. She shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stated hereinabove, the learned 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 disposed of.

Case diary be returned.

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

(Suvra Ghosh, J.)