Tanushree Bera (Pradhan) v. State Of West Bengal

19.12.2023 Sl. No.96 akd [ALLOWED] C. R. M. (DB) 4490 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.11.2023 in connection with Moyna Police Station Case No.44 of 2023 dated 13.02.2023 under Sections 302/120B of the Indian Penal Code. (G.R. Case No.345 of 2023) And In Re: Tanushree Bera (Pradhan) ... ... Petitioner Mr. Surajit Basu ... ... for the petitioner Mr. Arijit Ganguly Mr. Gautam Banerjee ... ... for the State

1. It is submitted on behalf of the petitioner that she is the wife of the deceased. It is further submitted petitioner has been falsely implicated. Accordingly, she prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record including the statement of the children of the deceased. There is no direct evidence that the petitioner had administered sleeping pills to the victim. She 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.

4. Therefore, the accused/petitioner, namely Tanushree Bera (Pradhan), 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, Purba Medinipur at Tamluk 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.)