Anju Biswas v. State Of West Bengal

18.12.2023 Sl. No.87 akd [ALLOWED] C. R. M. (DB) 4249 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.10.2023 in connection with Titagarh Police Station Case No.171 of 2020 dated 01.03.2020 under Sections 498A/326/307/302 of the Indian Penal Code. (G.R. Case No.1557 of 2020) And In Re: Smt. Anju Biswas ... ... Petitioner Mr. Debasis Kar ... ... for the petitioner Mr. Prasun Kumar Datta .. ld. Addl. Public Prosecutor Mr. Santanu Deb Roy ... ... for the State

1. It is submitted on behalf of the petitioner that she is in custody for more than three years. It is further submitted petitioner is a lady. There is no chance of her abscondence. Accordingly, she prays for bail.

2. Report is placed on record.

3. We have considered the materials on record. Petitioner is the mother-in-law of the victim lady. Though she is in custody for more than three years, charge has not been framed as yet. There is no chance of her abscondence. Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Smt. Anju Biswas, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas subject to condition that the said petitioner 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.

5. In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)