Abeda Khatun And ANR v. State Of West Bengal

20.10.2020.

68.

as (Allowed) C.R.M. 8248 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Rampurhat P. S. Case No.214 of 2017 dated 07.07.2017 under Sections 302/34 of the Indian Penal Code.

In the matter of : Abeda Khatun & Anr.

.... Petitioners.

Mr. Bitasok Banerjee, Mr. Abdus Salam. ...for the Petitioners. Mr. Sudip Ghosh, Mr. Apurba Kr. Datta.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that there is no direct evidence connecting the petitioners with the alleged crime and as no forensic report with regard to the seized knife is placed on record and in view of the protracted period of detention i.e. over three years, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum subject to condition that the petitioners

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 petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application, being C.R.M.8248 of 2020, is disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Md. Nizamuddin,J.) (Joymalya Bagchi, J.)