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Calcutta High CourtCRM (DB)/1963/2022allowed

Jaba Ojha @ Joba Ojha v. State Of West Bengal

2022-06-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

22.06.2022.

55.

Ct.No.28.

as (Allowed) C.R.M. (DB) 1963 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chakdah P. S. Case No.115 of 2022 dated 18.02.2022 under Sections 498(A)/304(B)/34 of the Indian Penal Code.

In the matter of : Jaba Ojha @ Joba Ojha.

.... Petitioner.

Mr. Shibaji Kumar Das, Ms. Rupsa Sreemani.

...for the Petitioner.

Mr. Debabrta Chatterjee, ld. A.P.P., Mr. Santanu Chatterjee.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for about 32 days. Petitioner is the mother-in-law of the victim housewife. Co-accuseds are on bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Keeping in mind the extent of complicity of the petitioner in the alleged crime and as co-accuseds similarly circumstanced with the petitioner have been enlarged on bail, we are inclined to extend the same privilege to the petitioner also.

Accordingly, 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, Kalyani, Nadia subject to condition that the 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.

In the event the 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.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)