Anecha Bibi And ANR v. State Of West Bengal

24.09.2021 Serial no. 10 Dd (Through Video Conference) CRM 6274 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 20th September, 2021 in connection with Chapra Police Station Case No. 243 of 2021 dated 16.06.2021 under Sections 341/325/326/307/302/34 of the Indian Penal Code.

-AndIn the matter of : Anecha Bibi & Anr.

... ...Petitioners Mr. Robiul Islam Mr. Raja Mondal, Advocates ... ... For the Petitioners Mr. Rana Mukherjee, ld. APP Ms. Sujata Das, Ms. Debjani Sahu, Advocates ... ...For the State Petitioners seek bail.

Learned advocate appearing for the petitioners submits that the police submitted charge sheet and, therefore, further detention of the petitioners is not required. He submits that an incident occurred due to property disputes. The role of the petitioners is undefined.

Learned advocate appearing for the State submits that one person died in the incident and two other persons sustained injuries with one person suffering grievous hurt. She refers to the medical report, the statement made by one of the victim sustaining injuries before the police. She submits that both the petitioners and their respective husbands were all equally involved in the incident and that the same will appear from the statements recorded under Section 161 of the Criminal Procedure Code and the

statement recorded under Section 164 of the Criminal Procedure Code.

Considering the statements recorded under Section 164 of the Cr.P.C. and the inquest report of the victim and being prima facie satisfied that the two petitioners stand on a different footing than their respective husbands and considering 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 Additional Chief Judicial Magistrate, Nadia 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 prayer for bail of the petitioners is allowed. CRM 6274 of 2021 is disposed of.

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