Nadira Bibi And ANR v. State Of West Bengal

17.06.2022 tkm/ct 28 C.R.M. (DB) 1841 of 2022 sl no. 64 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kaliganj P.S Case no. 280 of 2022 dated 7.5.2022 under sections 147/148/149/448/325/326/307/380 IPC and 3/4 of the ES act with 25 of the Arms Act And Allowed In Re : Nadira Bibi & Anr.

........ petitioners Mr. A K Adhya ...... for the petitioners Mr. S G Mukherjee, ld PP Mr. P P Das Mrs. Manasi Roy ...... for the State Petitioners are in custody for 41 days. It is submitted no specific overt act is attributable to them.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Allegations of torture are general and omnibus in nature.

Keeping in mind the aforesaid fact and the period of detention suffered by the petitioners, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Nadia on condition that the petitioners shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application being CRM (DB) 1841 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)