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Calcutta High CourtCRM/5743/2021allowed

Archana Gorai And ORS v. The State Of West Bengal

2021-09-07Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

07.09.2021 Serial no.17 Aloke Ct. No.29 (Through Video Conference) CRM 5743 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 25.08.2021 in connection with Bankura Police Station Case No. 94 of 2021 dated 07.06.2021 under Sections 325/326/307/34 of the Indian Penal Code and adding Section 302 of the Indian Penal Code.

And In the matter of : Archana Gorai & Ors.

... ...Petitioners Mr. Soumik Ganguli, Advocate ... ... For the Petitioners Mr. Swapan Banerjee, Advocate Mr. Suman De, Advocate ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioners are in custody for 89 days. The police submitted charge-sheet. The petitioners are female members of the family allegedly assaulted the victim.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure and also to the medical report.

Considering the medical report, and the fact that the male members of the family are named as assailants therein and considering the fact that the police submitted charge-sheet, we are inclined to grant bail to the petitioners. Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned

Chief Judicial Magistrate, Bankura, subject to condition that the petitioners shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioners in accordance with law without further reference to this Court.

The application for bail is allowed.

CRM 5743 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)