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Calcutta High CourtCRM (DB)/2920/2024allowed

Sonu Shaw @ Soniya Jaiswal v. The State Of West Bengal

2024-09-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12-09-2024 (ct. no.06) KOLE Allowed CRM (DB) 2920 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of BNSS in connection with Jorabagan Police Station Case No. 97 of 2024 dated 31.05.2024 under Sections 341/323/313 of the Indian Penal Code.

- A n d - In the matter of : Sonu Shaw @ Soniya Jaiswal .... Petitioner.

Mr. Aniruddha Bhattacharyya, Mr. A. Bose, Mr. U. Mukherjee, Ms. Rai Das, ... For the Petitioner.

Mr. Arindam Sen, Ms. Suruchi Saha, ... For the State.

1.

Heard the learned lawyers for both the parties. 2.

The petitioner submits there was an altercation between her and the victim lady. In the course of altercation victim slipped and fell down. As a result, victim suffered a miscarriage. Petitioner is in custody for 105 days. She prays for bail. 3.

Learned Advocate for the State opposes the bail prayer. 4.

We have considered the materials on record. Victim stated before the Magistrate that she had been pushed by the petitioner whereas the petitioner claims that the victim had slipped in the course of an altercation.

5.

Rival versions are to be thrashed out during trial. Investigation is complete. There is no chance of abscondence. The petitioner is a lady.

6.

Under such circumstances, we are inclined to release the petitioner on bail.

Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of September 2024 06:30:42 PM

7.

Accordingly, we direct that the petitioner, namely, Sonu Shaw @ Soniya Jaiswal, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Calcutta and on further conditions that the petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

8. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel her bail in accordance with law without further reference to this court.

9. The application for bail is, accordingly, allowed. ( Gaurang Kanth, J. ) ( Joymalya Bagchi, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of September 2024 06:30:42 PM