Calcutta High CourtCRM(M)/2531/2025allowed

Abeda Bibi And ANR. v. State Of West Bengal

2025-12-02Hon'Ble Justice Tirthankar Ghosh2 pages

02.12.2025 Court No.35.

D/L. 49.

Rakib (Allowed) CRM (M) 2531 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanchal Police Station Case No. 225 of 2025 dated 01.03.2025 under Sections 85/80/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of : Abeda Bibi & Anr.

......Petitioners.

Ms. Sujata Das ......for the Petitioners.

Ms. Sukanya Bhattacharyya Mr. Md. Kutubuddin ......for the State.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for 277 days and chargesheet has already been submitted in connection with the instant case and further detention of the petitioners, as such is unwarranted.

Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the statements under Section 164 of Cr.P.C. of the witnesses. Case Diary was produced by the learned advocate.

I have taken into account the statement of the neighbour which states regarding torture being inflicted but the poison being consumed by the deceased herself. Having regard to the period of detention of the present petitioners, I am inclined to release the petitioners on bail. Accordingly, the prayer for bail of the petitioners is allowed.

As such, the petitioner namely, Abeda Bibi and Alauddin shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Chanchal, Malda.

If on bail, the petitioners shall be physically present on each and every date so fixed by the learned trial Court. The petitioners shall not leave the jurisdiction of district of Malda without the permission of the learned trial Court. Accordingly, CRM (M) No. 2531 of 2025 is allowed. Case Diary be returned to the learned advocate appearing for the State.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)