Rojina Begum v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 9-10-2020 Subrata Item no.25 Bail allowed C.R.M. No.7394 of 2020 Rojina Begum -vsState of West Bengal with CRAN No.1 of 2020 (VIA VIDEO CONFERENCE) In Re: An application for bail under Section 439 CrPC in connection with S.T. Case No. 366 of 2018 arising out of Domjur Police Station Case No. 628/2018 dated 29.08.2018 under Section 302/201 of the Indian Penal Code, 1860 pending before The Learned Additional District and Sessions Judge, 4th Court, Howrah. Mr. Apalak Basu Mr. Sandip Mitra Mr. N. Ahmed ...for the petitioner Mr. Saibal Bapuli Ms. S. Santra ... for the State The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within fortyeight hours of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.

This is a case under Section 302 of the Indian Penal Code. The incident occurred on 29th August, 2018. The petitioner is the wife of the accused.

The only charge against her relates to her alleged involvement in disappearance of evidence. The charge sheet was submitted long ago on 11th November, 2018.

The petitioner is in custody for about 757 days. It is a fit case for granting bail.

In those circumstances, we allow the bail application. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) together with personal release bond of equivalent value to the

satisfaction of the appropriate court, Howrah. The petitioner must, however, attend on every date fixed for trial; and in the event of failing to do so, the trial court shall be at liberty to cancel the bail of the petitioner without any reference to the court. CRM No.7394 of 2020 and CRAN No.1 of 2020 are disposed of.

(Md. Nizamuddin, J.) (I.P. Mukerji, J.)