Rajefa Bibi v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 19-11-2020 Subrata Item no.11 Allowed C.R.M. No.8538 of 2020 Rajefa Bibi -vsThe State of West Bengal In Re: Application under section 439 CrPC in connection with G.R. No. No.1670 of 2020 corresponding to Hariharpara P. S. Case No. 111 of 2020 dated May 29, 2020 under sections 328/302/34 IPC. Mr. Anisur Rahaman ...for the petitioner Mr. Bidyut Kumar Roy Ms. Rita Datta ... for the State The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within forty-eight hours of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.

The accusation against the petitioner is, inter alia, under section 302 IPC.

The occurrence took place on 29th May 2020. The investigation is complete, charge-sheet has been submitted. The petitioner is in custody for about 173 days (since 30th May 2020). On inquiry from learned advocate for the State, there is nothing on record to suggest that the petitioner will interfere with the witnesses evidence or flee from justice.

In those circumstances, we allow the application for bail of the petitioner.

The petitioner will be released on bail upon furnishing security of Rs.10,000/- (Rupees ten thousand) together with personal release

bond of equivalent value to the satisfaction of the appropriate court in Murshidabad. 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 this court.

CRM No.8538 of 2020 is disposed of.

[Md. Nizamuddin, J] [I.P. Mukerji, J]