Shiuli Bhuimali v. The State Of West Bengal

12.09.2024.

86.

Ct.No.6.

as (Allowed) C.R.M. (DB) 2832 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nalhati P.S. Case No.252 of 2024 dated 16.05.2024 under Sections 448/326/307/302/34 of the Indian Penal Code. In the matter of : Shiuli Bhuimali.

.... Petitioner.

Mr. Prosenjit Mukherjee, Ms. Manisa Mandal.

...for the Petitioner.

Ms. Sayanti Santra, Mr. Aslam Parvez.

...for the State.

1.

Petitioner is the wife of the deceased. There is no direct evidence she has murdered her husband. She is in custody for about four months. Accordingly, she prays for bail. 2.

Learned Advocate for the State submits petitioner had an illicit relation. She was present in the house where her husband was murdered.

3.

We have considered the materials on record. Statements of witnesses disclose petitioner had illicit relationship and thereby had motive to commit the crime. However, there is no direct evidence she had committed or abetted the murder. 4.

Keeping in mind the aforesaid facts and as the petitioner is a lady and there is no chance of abscondence, we are inclined to enlarge the petitioner on bail. 5.

Accordingly, the petitioner viz., Shiuli Bhuimali shall be released on bail upon furnishing a bond of Rs.10,000/- with Signed By : ALOK SETH High Court of Calcutta 13 th of September 2024 05:23:14 PM

two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum subject to condition that she 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. 6.

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 her bail in accordance with law without further reference to this Court.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 13 th of September 2024 05:23:14 PM