Mita Mukherjee v. State Of West Bengal

16.05.2025

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE Item No.DL40 Court No. 34 Asraf, AR(Ct.) ALLOWED CRM (M) 345 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bally P.S. Case no.121 of 2020 dated 30.08.2020 under Sections 498A, 302 and 34 of the Indian Penal Code, 1860. -ANDIn Re : MITA MUKHERJEE ......Petitioner For the Petitioner :

Mr. Sk. Toslim Ali Ms. Rituparna Bhadra .....Advocates For the State :

Mr. P. P. Das Mr. Atanu Ghosh .....Advocates The petitioner is the mother-in-law of the deceased and is in custody for more than four years.

Learned counsel for the petitioner submits that the witnesses examined during trial have not implicated the petitioner. She prays for bail.

Learned counsel for the State opposes the prayer. I have considered the material on record. It appears from the dying declaration of the victim that the main thrust of the allegation is against the husband who allegedly poured kerosene on the victim and ignited her.

Considering the material on record as well as the extent of complicity of the petitioner in the alleged crime, this Court is of

the view that further detention of the petitioner may not be required and she may be granted bail.

Accordingly, the prayer for bail is allowed.

The petitioner be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of which must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah, subject to condition that she shall appear before the learned Trial Court on every date of hearing. She shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of the above conditions without justifiable cause, 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 accordingly disposed of. Case diary be returned.

All parties shall act on the basis of 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 expeditiously after complying with all requisite formalities.

( Suvra Ghosh, J. )