Sumana Mondal v. State Of West Bengal

08.10.2024 Item no. 27.

Court No.28.

AB (Allowed) CRM (DB) 2983 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Karimpur Police Station Case No.13 of 2024 Dated 17.01.2024 under Section 302/201/120B of the Indian Penal Code And In the matter of : Sumana Mondal ......Petitioner.

Mr. Ashok Das, Mr. Amanul Islam, Mr. Sourav Mukherjee ......for the Petitioner. Ms. Z. N. Khan Md. Aslam Pervez ......for the State.

Mr. Santanu Talukdar, Mr. Priyankar Ganguly, Ms. Shalini Bairagi .......for the Defacto complainant.

Dictated by Apurba Sinha Ray, J.

1.

Learned Counsel for the petitioner has submitted that the petitioner stands on the same footing with the other co-accused person, who was granted bail on 22.08.2024. The present petitioner, being a lady, may be granted bail on any condition.

2.

Learned State Counsel and the learned Counsel for the defacto complainant oppose the prayer for bail on the ground that the present petitioner, being the wife of the deceased, does not stand on the same footing with the co-accused Bijan Biswas, who was granted bail on Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 8 th of October 2024 04:23:17 PM

22.08.2024. They have prayed for rejection of the prayer for bail.

3.

We have considered the materials on record and CD and also the order dated 22.08.2024. We find that the investigation is complete and there is no need for further custodial detention of the petitioner. 4.

Accordingly, we direct that the petitioner, namely Sumana Mondal 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 Additional Chief Judicial Magistrate, Tehatta, Nadia, and on further conditions that she shall not enter the jurisdiction of Karimpur Police Station except for the purpose of attending the Court proceeding until further orders and shall intimate the Officer in charge of her current local address and shall cooperate with the investigation.

5.

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 and/or commit any cognizable offence in any manner whatsoever.

6.

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 the

petitioner's bail in accordance with law without further reference to this Court.

7.

The application for bail is, accordingly, allowed. 8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)