Gita Mahensaria v. The State Of West Bengal

28.11.2023 Sl. No.45 akd [ALLOWED] C. R. M. (DB) 4265 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.10.2023 in connection with Bidhannagar East Police Station Case No.103 of 2020 dated 10.12.2020 under Sections 364/302/201/120B/34 of the Indian Penal Code. (G.R. Case No.872 of 2020) And In Re: Gita Mahensaria ... ... Petitioner Mr. Soubhik Mitter Mr. Litan Maitra Ms. Rajnandini Das Mr. Chitrak Biswas ... ... for the petitioner Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. Petitioner is in custody for about three years. Co-accused have been enlarged on bail by the Hon'ble Apex court. Petitioner is a lady and there is no chance of her abscondence. Under such circumstances, we are of the opinion further detention of the accused/petitioner is not necessary.

3. Therefore, the accused/petitioner, namely Gita Mahensaria, 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 Chief Judicial Magistrate, North 24-Parganas at Barasat 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.

4. 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.

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