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Calcutta High CourtCRM (DB)/4509/2022allowed

Namita Ghosh v. State Of West Bengal

2022-12-22Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

22.12.2022.

24.

as (Allowed) C.R.M. (DB) 4509 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P. S. Case No.396 of 2021 dated 08.06.2021 under Sections 447/325/307/34 of the Indian Penal Code.

In the matter of : Namita Ghosh.

.... Petitioner.

Ms. Sananda Bhattacharyya.

...for the Petitioner.

Mr. Swapan Banerjee, Mrs. Purnima Ghosh.

...for the State.

Petitioner is in custody for 45 days. He submits there was a free fight and both the parties have suffered injuries. She prays for bail.

Learned Advocate for the State opposes the prayer for bail. He submits injuries are grievous.

We have considered the materials on record. There was a free fight. Both the parties have suffered injuries. Keeping in mind the aforesaid fact and the period of detention suffered by him, we are inclined to grant bail to the petitioner. Accordingly, the petitioner viz., Namita Ghosh 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.)