Ishika Choudhury v. State Of West Bengal

05.06.2025 Item No.4 Court No.6 rrc/ ss (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 522 of 2025 In re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Halisahar Police Station Case No.288 of 2024 dated 28.10.2024 under sections 103(1)/3(5) of Bharatiya Nyaya Sanhita, 2023. -AndIn the matter of : Ishika Choudhury ... Petitioner Mr. Anjan Bhattacharya Ms. Anita Shaw ...for the petitioner Mr. Arijit Ganguly Ms. Debjani Sahoo ... for the State Let affidavit of service filed by the petitioner be taken on record.

Learned Advocate for the petitioner and the learned Advocate for the State are present.

Heard learned Advocates for the parties.

Perused the case diary and the materials on record. Learned Advocate for the petitioner submits that although there is no overt act on behalf of the petitioner but she is falsely implicated in this case. Learned Advocate draws attention to the statements in the charge-sheet where the allegation against another co-accused person is specifically mentioned. Learned Advocate for the State objects such prayer for bail.

Upon hearing the learned Advocate for the petitioner and upon perusing the statement made under Section 164 Cr.P.C. by Manju Jaiswal and Somiya Jaiswal and considering the nature of involvement of the petitioner and the period of detention which is a period of eight months, this Court is of the view that for the interest of justice, the petitioner should be granted bail. Thus, I allow the prayer for bail made by the petitioner. The petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand), with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Additional District and Sessions Judge, 2nd Court, Barrackpore, North 24-Parganas.

The petitioner upon release shall not enter into the locality where the incident took place without leave of the learned trial Court and shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not meet the de facto complainant or the persons acquainted with the facts of the case.

In the event the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

Accordingly, the application for bail is disposed of. (Biswaroop Chowdhury, J.)