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Calcutta High CourtCRM(M)/430/2025allowed

Reshma Khatun @ Reshma Bibi @ Resma Bibi v. State Of West Bengal

2025-05-28Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

28.05.2025 Court No.6 Item No.3 Ssi/Jayanta CRM (M) 430 of 2025 In Re: - An application for bail under Section 483 of the Bharatiya Suraksha Nagarik Sanhita in connection with Pandua PS Case No.764 of dated 09.12.2024 under Sections 329(4)/115(2)/117(2)/118(2)/109/76/352/351(2)/103/3(5) of the BNS 2023.

And In the matter of: Reshma Khatun @ Reshma Bibi @ Resma Bibi ....Applicant/Petitioner.

Mr. Shibaji Kumar Das ...for the petitioner Mr. Madhusudan Sur, Ld. APP ..for the State It is submitted that the present petitioner is in custody since 9/12/2024 a married lady having minor child. She has been falsely implicated and she is not connected with this matter more so no allegation of active role played by the petitioner is mentioned. However, prayed on the ground of long detention and completion of investigation.

Learned Additional Public Prosecutor raises objection. Having heard the submissions of the learned advocates of the parties and upon going through the materials available on records, prima facie, it appears that the petitioner is in custody 165 days and charge sheet has been submitted after completion of investigation. Therefore, considering the facts and circumstances and the role attributed coupled with the fact that charge sheet has been submitted. This Court is of the view that the petitioner has been made out a case for bail.

Accordingly, the prayer for anticipatory bail to the petitioner is allowed.

Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs.5,000/-, with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Chief Judicial Magistrate, Hooghly with a further condition that the petitioner shall not leave the jurisdiction without any leave of the learned trial Court and shall attend the learned Trial Court on all the dates to be fixed for hearing.

It is further directed that the petitioner shall not tamper with evidence and/or influence the witnesses in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with any of the aforesaid directions, without justifiable cause, the learned Court below shall be at liberty to cancel his bail without any further reference to this Court.

The application, thus, disposed of.

(Chaitali Chatterjee (Das), J.)