Jotsna Bibi @ Jyotsna Bibi @ Josna Bibi v. The State Of West Bengal

26-07-2024 (ct. no.28) KOLE Allowed CRM (DB) 2029 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Panrui Police Station Case No. 73 of 2024 dated 06.05.2024 under Sections 323/325/326/307/34 of the Indian Penal Code.

- A n d - In the matter of : Jotsna Bibi @ Jyotsna Bibi @ Josna Bibi .... Petitioner.

Mr. Sanjit Kr. Dan, Mr. C. Biswas ... For the Petitioner.

Mr. Debasish Roy, Mr. Arijit Ganguly, Mr. Koushik Kundu, ... For the State.

Order dictated by Arijit Banerjee, J.:

The charge is of causing grievous bodily harm and attempt to murder.

The petitioner says that she has no connection with the alleged crime. She is in custody for 80 days. Investigation is almost complete.

Learned Advocate for the State, while opposing the prayer for bail, draws our attention to the materials in the case diary. We find from the injury report that it says 'yet to be determined' and there is another remark to the effect 'may be grievous'. There is also prima facie not much material implicating this petitioner. Considering the material on record and the possible extent of complicity of the petitioner in the alleged crime and that she has been in custody for 80 days, although charge sheet is yet to be filed, we are of the view that the petitioner need not be detained in custody any further.

Signed By :

ABHIJIT KOLE High Court of Calcutta 26 th of July 2024 05:56:00 PM

Accordingly, we direct that the petitioner, namely, Jotsna Bibi @ Jyotsna Bibi @ Josna Bibi, 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 Chief Judicial Magistrate, Suri, Birbhum and on further conditions that she shall not leave the jurisdiction of the concerned Police Station until further orders. The 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 adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's 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. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 26 th of July 2024 05:56:00 PM