Calcutta High CourtCRM (DB)/1480/2022allowed

Sima Ghosh v. State Of West Bengal

2022-06-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

09.06.2022 Sl. No.47 akd [ALLOWED] C. R. M. (DB) 1480 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.06.2022 in connection with Santipur Police Station Case No. 505 of 2021 dated 17.07.2021 under Sections 448/325/326/307/120B/302 of the Indian Penal Code. And In Re: Sima Ghosh ... Petitioner Mr. Khalid Hasan ... for the petitioner Mr. Madhusudan Sur .. Ld. Addl. Public Prosecutor Mr. Dipankar Pramanick ... for the State It is submitted on behalf of the petitioner that she is in custody for about 105 days. It is further submitted investigation is complete. It is also submitted petitioner is suffering from ailments. Learned Additional Public Prosecutor opposes the prayer for bail and submits petitioner is the wife of the deceased.

She entered into a conspiracy with co-accused Abhijit Biswas who murdered the victim. We have considered the materials on record. Keeping in mind the extent of the complicity of the petitioner in the alleged crime and as she does not appear to be the principal accused and in view of the period of detention suffered by her and as investigation is complete, we are of the opinion that further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Sima Ghosh, be released on bail upon furnishing a 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further

orders 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 for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)