Monalisha Pandit@Payel v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 20.01.2025. C.R.M. (DB) 10 of 2025 21/tkm In Re:- An application for bail under Section 483 of BNSS 2023 in connection with Bhaktinagar P.S case no. 924 of 2024 dated 8.10.2024 under sections 103(1)/238/61(2) of BNS 2023 and Allowed In the matter of : Monalisha Pandit ..... Petitioner Mr. Madhushri Dutta ...for the Petitioner Mr. A S Chakraborty, Ld APP Mr. Anirudha Biswas ...for the State

1. Petitioner is in custody for more than three months. She submits she is in no way connected with the murder. Offence of disappearance of evidence is a bailable one. She prays for bail.

2. Learned lawyer for the State opposes the prayer. He submits petitioner is a conspirator to the crime. Coconspirator had lured the victim on the promise of giving sexual flavour. Thereafter he was robbed and murdered. Petitioner helped in disposal of the dead body.

3. We have considered the materials on record. Accused had hatched a conspiracy to lure the victim on excuse of sexual flavour. He was taken to a lady's residence. Therefrom he was abducted, robbed and murdered. CDRs collected during investigation show co-accused had telephonic conversations with co-accused helped them to dispose of the

body. However, the said telephonic conversations were not prior but after the commission of murder. These materials prima facie give an impression that the petitioner at its height was an accessory after the crime. Keeping in mind these circumstances and the extent of complicity of the petitioner in the crime and as there is no chance of abscondence, we are inclined to grant bail to the petitioner, however, subject to conditions.

4. Accordingly, the petitioner 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 CJM Jalpaiguri on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall remain within the jurisdiction of Bhaktinagar P.S and report to the Officer-in-Charge of Bhaktinagar P.S as and when necessary.

5. In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court.

6. The application being CRM (DB) 10 of 2025 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)