Calcutta High CourtCRM (DB)/1685/2024allowed

Tanjila Bibi @ Tonjila Bibi v. The State Of West Bengal

2024-05-28Hon'Ble Justice Jay Sengupta,Hon'Ble Justice Uday Kumar2 pages

28.5.2024 Ct. No. 8 SL No. 11 AB C.R.M. (DB) 1685 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Palashipara P.S. Case No. 90 of 2022 dated 10.03.2022 under Sections 447/325/307/34 of the Indian Penal Code.

And In the matter of: Tanjila Bibi @ Tonjila Bibi ...petitioner Mr. Amanul Islam Mr. Sourav Muklherjee ...for the Petitioner Mr. Rudradipta Nandy Ms. Sanjana Saha ....for the State Learned counsel appearing for the petitioner submits as follows. The petitioner is a 42 years old lady. There was a family dispute which led to a free fight. Both sides received injuries. After coming to now about the pendency of the case, the petitioner surrendered and is now in custody for 39 days.

Learned counsel appearing for the State relies on the case diary and submits that although the case is of 2022, the petitioner surrendered only in 2024. An injury was inflicted on the head of the victim.

Considering the nature of injury and the fact that the lady is in custody for about 39 days, we are inclined to allow the application for bail of the petitioner.

Let the petitioner 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, Tehatta, Nadia subject to the 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 she fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel her bail automatically without any further reference to this Court. With these observations, the application for bail is, thus, allowed. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon competition of requisite formalities. (Uday Kumar, J.) (Jay Sengupta, J.)