Shila Biswas v. State Of West Bengal

08-10-2024 (ct. no.28) S. De (Allowed) CRM (DB) 3203 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hanskhali Police Station Case No. 679 of 2021 dated 27.09.2021, under Sections 341/325/326/307/379/34 of the Indian Penal Code and Sections 25 and 27 of the Arms Act.

- A n d - In the matter of : Shila Biswas.

.... petitioner.

Mr. Arindam Jana, Mr. Suman Das, Avilash Tripathi, ... For the petitioner. Mr. Madhusudan Sur, Ld. A.P.P., Mr. Rajes Jana, ... For the State. Order dictated by Arijit Banerjee, J.

1. Report filed on behalf of the State, be kept with the records.

2. The petitioner claims parity citing an order dated June 13, 2024, passed in CRM (DB) 1602 of 2024, whereby a co-accused person was enlarged on bail. She says that she stands on the same footing as that person. She prays for bail.

3. While opposing the prayer for bail, learned State Counsel, in his usual fairness, does not dispute that this petitioner and the coaccused person, who has been enlarged on bail, as mentioned above, are similarly circumstanced.

4. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner, namely, Shila Biswas 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 Signed By :

SANDIP DE High Court of Calcutta 8 th of October 2024 04:48:04 PM

local to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat at Nadia and on further conditions that she shall not leave the jurisdiction of the concerned police station until further orders.

6. 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.

7. 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.

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

9. 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. ) Signed By :

SANDIP DE High Court of Calcutta 8 th of October 2024 04:48:04 PM