Hadisha Bibi And ORS. v. State Of West Bengal
August 28, 2025 13 ARDR (Partly Allowed) CRM (M) (M) 1130 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Lalgola Police Station Case No. 881 of 2024 dated 26/8/2024 under Sections 103(1)/61(2)/238/3(5) of the BNS, 2023. And In Re :
Hadisha Bibi & ors.
... Petitioners.
Adv. Usof Ali Dewan, Adv. Asif Dewan, ... for the petitioners.
Adv. Anasuya Sinha, Adv. Puja Goswami, ... for the State.
The defacto complainant is not represented.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated due to family dispute. The Investigating officer sought discharge of the petitioners in submitting charge sheet which was turned down by the learned Magistrate. An application seeking further investigation under Section 173(8) of the Code of Criminal Procedure is also pending. The petitioners pray for bail.
Learned counsel for the State opposes the prayer. I have considered the material on record.
The 2nd petitioner Mijanur Sk. @ Mijanur Rahaman has been implicated by the eye witnesses in their statements recorded under Section 164 of the Code of Criminal Procedure. Considering the gravity of the offence and prima facie involvement of the 2nd petitioner therein, his prayer for bail is rejected at this stage.
However, considering the extent of complicity of the 1st and 3rd petitioners in the alleged offence, this Court is of the view that their further detention is not required and they may be released on bail. The 1st and 3rd petitioners namely Hadisha Bibi and Sabirul Sk. @ Sabiruddin be released on bail upon furnishing 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, Lalbagh, Murshidabad, subject to the condition that they shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event these petitioner nos. 1 and 3 fail to appear before the learned trial Court on any date without any justifiable cause, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. The application for bail is disposed of.
Case Diary be returned.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)