Monika Majumdar @ Monik Majumdar v. Central Bureau Of Investigation Scb Kolkata

28.08.2023 Sl. No.16 akd [ALLOWED] C. R. M. (DB) 3217 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.08.2023 in connection with RC 056 2021 S 0016 dated 27.08.2021 of CBI, SCB, Kolkata under Sections 448/325/307/302/427/34 of the Indian Penal Code arising out of Jagaddal Police Station Case No.345 of 2021 dated 03.05.2021 under Sections 448/325/307/302/427/34 of the Indian Penal Code and subsequently charge sheet submitted under Sections 143/144/147/148/149/449/450/452/324/326/342/427/506/302/307/354/ 201/34 of the Indian Penal Code. (G.R. Case No.3658 of 2021) And In Re: Smt. Monika Majumdar @ Monik Majumdar ... ... Petitioner Md. Khairul ... ... for the petitioner Mr. Anirban Mitra Mr. Amajit De ... ... for the CBI

1. It is submitted on behalf of the petitioner that she is in custody for more than a year. It is further submitted co-accused similarly circumstanced with the petitioner have been enlarged on bail. Accordingly, she prays for bail.

2. Report is placed on record.

3. Learned Advocate for the CBI submits petitioner stands on the same footing with the said co-accused.

4. We have considered the materials on record. Co-accused similarly circumstanced with the petitioner have been enlarged on bail. Petitioner stands on the same footing with the said co-accused. There is no possibility of trial concluding in the near future. Under such circumstances, we are of the opinion further detention of the accused/petitioner is not necessary and she may be enlarged on bail however, subject to strict conditions.

5. Therefore, the accused/petitioner, namely Smt. Monika Majumdar @ Monik Majumdar, 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, Barrackpore, North 24Parganas 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 district of North 24-Parganas except for the purpose of 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.

6. 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.

7. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)