Saharul Necha Bibi Mondal @ Saharunnesha Bibi v. State Of West Bengal
June 13, 2025 19 ARDR (Allowed) CRM (M) 365 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Haringhata Police Station Case No. 243 of 2020 dated 19the September, 2020 under Sections 302/34 of the Indian Penal Code. And In Re :
Saharul Necha Bibi Mondal @ Saharunnesha Bibi ... Petitioner.
Adv. Shibaji Kumar Das, Adv. Deblina De, Adv. Dipendu Sarkar, Adv. Nilayana Sarkar, ... for the petitioner.
Adv. Roma Roy, ...for the defacto complainant.
Adv. Zareen N. Khan, Adv. Ronit Mukherjee, ... for the State.
The petitioner is in custody for more than fifty days and seeks parity with the co-accused who have been granted bail earlier. Opposing the prayer, learned counsels for the State and the defacto complainant submit that the petitioner was absconding for five years.
Considering the fact that the petitioner is a lady and coaccused similarly circumstanced with the petitioner are on bail, this Court is of the view that the petitioner is entitled to the same benefit.
Accordingly, the prayer for bail is allowed subject to stringent conditions in order to secure her attendance before the learned trial Court.
The petitioner namely Saharul Necha Bibi Mondal @ Saharunnesha Bibi be released on bail upon furnishing 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, Kalyani, Nadia subject to the condition that she shall not leave the jurisdiction of Haringhata Police Station except for the purpose of appearing 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 adhere to any of the conditions as stated above, 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.)