Nilima Biswas v. State Of West Bengal

30.08.2022 Sl. No.13 akd [ALLOWED] C. R. M. (DB) 2918 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.08.2022 in connection with Hanskhali Police Station Case No.768 of 2021 dated 05.11.2021 under Sections 447/326/307/34/302 of the Indian Penal Code.

And In Re: Nilima Biswas ... ... Petitioner Ms. Minoti Gomes ... ... for the petitioner Ms. Faria Hossain Mr. Anand Kesari ... ... for the State Petitioner renews her prayer for bail. It is submitted on behalf of the petitioner that she is in custody for about 285 days. It is further submitted co-accused viz. Kakali Biswas has been enlarged on bail. Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Co-accused viz. Kakali Biswas similarly circumstanced with the petitioner has been enlarged on bail. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are inclined to extend the same privilege to the petitioner also.

Therefore, the accused/petitioner, namely Nilima Biswas, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further

orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not enter the jurisdiction of Hanskhali Police Station except for the purpose of investigation and/or for attending court proceedings and shall provide the address where she shall presently reside to the Investigating Agency as well as the court below and shall report to the Officer-in-charge of the concerned police station within whose jurisdiction she shall presently reside once in a week until further orders. In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)