Jhumki Halder v. State Of West Bengal
30.04.2024 sdas Allowed C.R.M. (DB) No. 1344 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 952 of 2023 dated 16.11.2023 under Sections 302/201/34 of the Indian Penal Code and chargesheet submitted under Sections 302/201/506/34 of the Indian Penal Code.
And In Re : Jhumki Halder ....... petitioner Ms. Shabana Hasin Ms. Samima Akter Banu Ms. Neha Roy .....for the petitioner Mr. Bibhaswan Bhatacharya Mr. Sachit Talukdar .....for the State
1. Learned senior Counsel for the petitioner submits there is dichotomy between the statements of the eye-witnesses and findings in the post mortem report. In view of the aforesaid co-accused have been enlarged on bail. Hence, petitioner prays for bail.
2. Learned Counsel for the State opposes the prayer for bail and submits on her leading statement weapon of offence was recovered.
3. We have considered the materials on record. Son of the deceased stated his father was dragged into the pond. No water was detected in the lungs of the deceased. In view of this dichotomy co-accused have been enlarged on bail. No forensic report with regard to the seized weapon is placed before us. Signed By :
SHANTANU DAS High Court of Calcutta 1 st of May 2024 05:49:53 PM
Under such circumstances, we are inclined to grant bail to the petitioner.
4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Jangipur, subject to condition that 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.
5. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.
6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 1 st of May 2024 05:49:53 PM