Mousumi Das v. State Of West Bengal

05.09.2022 sdas allowed CRM(DB) No. 2998 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 571 of 2022 dated 04.07.2022 under Section 304 of the Indian Penal Code.

And In Re : Mousumi Das ...... petitioner Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick .....for the petitioner Mr. Prasun Kumar Datta, learned APP Mr. Santanu Deb Roy ..... for the State Learned Counsel appearing for the petitioner submits she is a disabled lady. She is not the principal accused. Accordingly, she prays for bail.

Learned Counsel appearing for the State opposes the prayer for bail and submits investigation is in progress. We have considered the materials on record. Petitioner is a disabled lady. She is not the principal accused. Keeping in mind the extent of complicity of the petitioner in the crime, we are inclined to grant bail to her.

Accordingly, we direct that the petitioner shall 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 Chief Judicial Magistrate, Purba Medinipur, subject to the condition that the petitioner shall appear before the learned trial court on

every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.

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