Xxx Xx And ANR. v. The State Of West Bengal And ANR

26.11.2024 Item no.12.

Court No.29.

S. De (Allowed) CRM (DB) No. 3087 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnagar Women Police Station Case No.84 of 2023 dated 28.08.2023 under Sections 498A/406/376/511/34 of the Indian Penal Code.

And In the matter of : XXX & Anr.

......Petitioners.

Mr. Atis Kr. Das, Ms. Sangeeta Chakraborty, ......for the Petitioners.

Mr. Bidyut Kr. Ray, ......for the State.

Dictated by Apurba Sinha Ray, J.

1. Affidavit-of-service filed in Court today, be kept with the records. In spite of service nobody appears on behalf of the de facto complainant/victim girl.

2. Learned counsel for the petitioners submits that the petitioners are in custody for about 208 days and they are the mother-in-law and sister-in-law of the victim. The principal accused is in custody and as the present petitioners are female, they may be enlarged on bail on any conditions.

3. Learned counsel for the State has left the matter to the discretion of the Court.

4. We have considered the material-on-record. We find that the principal accused is in custody and investigation is complete.

5. In view of the above and keeping in mind the present petitioners are female accused, we are inclined to allow the petitioners' prayer for bail.

6. Accordingly, we direct that the petitioners, namely, XXX and XXX shall be released on bail upon furnishing a bond of Rs.10,000/- each , with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, at Krishnagar, Nadia and on further conditions that they shall not leave the jurisdiction of the concerned police station and shall co-operate with the investigation until further orders.

7. The petitioners 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 petitioners fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners' bail in accordance with law without further reference to this court.

9. The application for bail is, accordingly, allowed. 10.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)