Anemi Nandesu And ANR. v. State Of West Bengal

23.09.2021 Item no. 30 Court No.32.

S.De.

(Allowed) (Via Video Conference) CRM 6210 of 2021 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.09.2021 in connection with Bally Police Station Case No. 73 of 2021 dated 14.04.2021 under Sections 498(A)/304B/34 of the Indian Penal Code. And In the matter of : Anemi Nandesu & Another.

......Petitioners.

Mr. Sujit Gupta, Advocate, Mrs. Amita Gaur, Advocate, ......for the Petitioners.

Smt. Zareen N. Khan, Advocate, Smt. Sreeparna Das, Advocate, ......for the State.

The petitioners are the parents-in-law of the victim lady. They say that the victim accidentally caught fire. They have no role to play in the victim's death. The husband of the victim is out on bail granted by the learned Trial Court. We have seen the material in the case diary including the statements of the victim who was in hospital for twenty one days before succumbing to the burn injury. She clearly recorded that the fire was an accident.

Considering the material on record and the possible extent of complicity of the petitioners in the alleged offence,

we are of the view that further detention of the petitioners is not necessary.

Accordingly, we direct that the petitioners namely Anemi Nandesu and Anemi Sarada shall 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 Chief Judicial Magistrate, Howrah and on further conditions that they shall remain within the jurisdiction of the concerned police station and the petitioner no.1 shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. The petitioners shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners' bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)