Jarina Khatun @ Khatoon v. State Of West Bengal

20.02.2025 Item No.90 Court No.26 S.D.

(Bail granted) CRM (DB) 4334 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kulti Police Station Case No. 349 of 2015 dated 21.09.2015 under Sections 366/376/34 of the Indian Penal Code, 1860 read with Sections 4/5/6/7 of Immoral Traffic (Prevention) Act, 1956. -AndIn the matter of : Jarina Khatun @ Khatoon ... ... Petitioner Mr. Anik Ghatak Mr. Amit Ranjan Pati Ms. Swastika Chowdhury ... ... For the Petitioner Mr. Partha Pratim Das Mr. Saptarshi Chakraborty ... ...For the State Affidavit of service filed in Court be kept on record. Despite service, none appears for the defacto complainant. The principal accused was enlarged on bail albeit default.

Petitioner before us is in custody in excess of 900 days. Materials placed on record do not suggest requirement of continuing with the custody of the petitioner. Police filed charge sheet.

In such circumstances, we grant bail to the petitioner. Accordingly, we direct that the petitioner shall 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, Asansol, Paschim Bardhaman, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. The prayer for bail of the petitioner is allowed. C.R.M.(DB) 4334 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)