Madhuri Biswas v. State Of West Bengal

04.07.2023 sdas allowed CRM(DB) No. 2606 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jiaganj Police Station Case No. 101 of 2023 dated 17.04.2023 under Sections 341/326/307/34 of the Indian Penal Code.

And In Re : Madhuri Biswas ...... petitioner Mr. Shraman Sarkar ....for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee Ms. Sreyashee Biswas .... for the State Heard the learned Counsel for the parties.

We have considered the materials on record. Petitioner is not the principal accused. Keeping in mind the extent of complicity of the petitioner in the crime and period of detention suffered by her i.e. 79 days, we are inclined to grant bail to the petitioner.

Accordingly, we direct that 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, Lalbagh, Murshidabad, subject to conditions that petitioner 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 petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to

cancel her bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)