Krishna Roy v. State Of West Bengal

30.07.19 Sl. No.149 akd [ALLOWED] C. R. M. 6590 of 2019 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.07.2019 in connection with Samserganj Police Station Case No. 253 of 2018 dated 26.09.2018 under Sections 448/325/326/307/34 of the Indian Penal Code. (G.R. Case No.1632 of 2018) And In Re: Saira Bibi & Anr.

... ... Petitioners Mr. Tapodip Gupta .. Advocate ... ... for the petitioners Mrs. Sukanya Bhattacharyya .. Advocate Ms. Sutapa Banerjee .. Advocate ... ... for the State The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 448/325/326/307/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that they are in custody for about 137 days and that investigation is complete.

Learned Counsel for the State produces the case diary and opposes the prayer for bail.

Having considered the materials on record and bearing in mind the nature of allegations and in view of the period of detention suffered by the petitioners and as investigation is complete, we are of the opinion that further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely (1) Saira Bibi & (2) Runa Bibi, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of

the learned Additional Chief Judicial Magistrate, Jangipur, Murshidabad subject to condition that the said 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.

The application for bail, thus, stands allowed. (Manojit Mandal, J.) (Joymalya Bagchi, J.)