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Calcutta High CourtCRM (DB)/4275/2022allowed

Swapna Das @ Mona Das v. State Of West Bengal

2022-12-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

12.12.2022.

36.

as (Allowed) C.R.M. (DB) 4275 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P. S. Case No.307 of dated 25.05.2021 under Sections 498A/307/304B/34 of the Indian Penal Code.

In the matter of : Swapna Das @ Mona Das.

.... Petitioner.

Ms. Minoti Gomes.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Ms. Faria Hossain, Mr. Aniket Mitra, Mr. Anand Keshari.

...for the State.

Heard the learned Advocates for the parties.

Pursuant to our earlier order Investigating Officer is present in Court today. His presence is noted and dispensed with.

Affidavit is placed on record We have considered the materials on record. Co-accused father-in-law was enlarged on bail in CRM (DB) 3514 of 2022 on the ground there was delay in the proceeding before the trial court. Petitioner is the mother-in-law of the victim lady. She stands on the same footing with the said co-accused. There are conflicting dying statements of the deceased. Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

Accordingly, the petitioner viz., Swapna Das @ Mona Das 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, Ranaghat, Nadia 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.

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.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)