Sarjina Bibi v. State Of West Bengal And ORS.

12.10.2023 tkm/ct 28 C.R.M. (DB) 1739 of 2023 sl no. 48 In Re : An application for cancellation of bail under section 439 (2) of the Code of Criminal Procedure And In Re : Sarjina Bibi ..... petitioner Sk. Salim Mr. Biswajit Tiwari ...... for the petitioner Mr. N Ahmed Ms. Amita Gaur ...... for the State Mr. Kallol Kr. Basu Md. Jannat Ul Firdous ...... for OP nos. 2 and 3

1. Petitioner submits opposite party nos. 2 and 3 have misused their liberty. A separate criminal case has been registered.

2. Learned lawyer for opposite party nos. 2 and 3 denies and disputes the allegations. It is also contended they are on bail in the subsequent case.

3. We have considered the materials on record. Truthfulness of the allegations regarding misuse of liberty may be gone into in the trial of the subsequent case. However, to ensure protection of witness and avoidance of similar occurrence we are of the view adequate restraints on the movement of opposite party nos. 2 and 3 is sufficient in the facts of the case. Accordingly, we direct opposite party nos. 2 and 3 shall not enter the district of Murshidabad except for attending court proceeding and shall provide the address where they shall presently reside to the investigating agency as well as the court below and shall report to the Officer-in-Charge of the

police station within whose jurisdiction they shall presently reside once in a week until further orders.

4. Trial court is directed to examine vulnerable witness at the earliest.

5. With these directions CRM (DB) 1739 of 2023 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)