C.R.M. No.6110 of 2017
In re:- Kanchan Hazra …. Petitioner.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 22.6.2017 in connection
with Bauria Police Station Case No.181/2016 dated 20.10.2016 under Section 498A/304B/302/34
Mr. Somnath Mukherjee,
Ms. Papiya Shaw … For the petitioner.
Mr. Bidyut Roy,
Ms. Rita Dutta …. For the State.
Heard the learned Advocates appearing on behalf of the
parties. Perused the case diary.
The petitioner is the mother-in-law of the victim housewife
and she is in custody for 255 days. It is true that trial has
commenced and out of thirteen witnesses, the examination of three
witnesses is complete.
However, going through the 164 statement of the son of
the victim although we find that there is specific allegation against
the husband but this petitioner has not been named, except there
are names of three others.
Having regard to the fact, as above and when no case is
made out from the side of the State showing that further custodial
detention of the petitioner is necessary or if she is released on bail,
she is likely to abscond, we allow her prayer for bail.
Let the petitioner be released on bail upon furnishing a
bond of Rs.10,000/- with two sureties of Rs.5,000/- each, one of
whom must be local, to the satisfaction of the learned Additional
Sessions Judge, 2nd Court, Uluberia, Howrah subject to the
condition that after release, the petitioner shall report to the
concerned police station in between 12.00 Noon to 2.00 p.m., once
in every week, until further orders.
It is also directed that after being released on bail, the
petitioner shall attend the trial court on each and every date so
fixed by such court and in case, she fails to appear in the court
below on any occasion without any justifiable reason, the trial court
shall have the liberty to cancel the bail granted to her and she be
taken into custody without any further reference to this Court.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J. )