C.R.M. 9816 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 27.09.2019 in connection with Rejinagar
Police Station Case No. 203 of 2019 dated 31.07.2019 under Sections
498A/Section302/Section34 of the Indian Penal Code.
In Re : Gopa Saha @ Pallabi Saha …… petitioner
Md. Sabir Ahmed,
Mr. Somnath Adhikary
…..for the petitioner
Mr. A. K. Maity, learned A.P.P.
….for the State
Having considered the materials on record and bearing in mind the
extent of complicity of the petitioner i.e. sister-in-law of the victim
housewife in the alleged crime and in the light of the submission that
there is inordinate delay in lodging F.I.R. and keeping in mind the period
of detention suffered by her i.e. 95 days, we are inclined to grant bail to
Accordingly we direct that the petitioner shall 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 Chief
Judicial Magistrate, Murshidabad at Baharampur, subject to condition
that the petitioner shall appear before the trial court on every date of
hearing until further orders and shall not intimidate the witnesses and/or
tamper with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the trial court
without justifiable cause, the trial court shall be at liberty to cancel her
bail in accordance with law without further reference to this Court.
The application for bail is, accordingly, allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)