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Judgments of Supreme Court of India and High Courts

6.2019 Under Sections … vs In Re: Shipra Sharma @ Disha on 17 September, 2019

1

17.09.19

Sl. No.273
akd
[ALLOWED]
C. R. M. 8118 of 2019

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
04.09.2019 in connection with Ashokenagar Police Station Case No. 301 dated
01.06.2019 under Sections 498A/Section308/Section34/Section304 of the Indian Penal Code.

And

In Re: Shipra Sharma @ Disha
… … Petitioner
Mr. Debangan Bhattacharjee .. Advocate
Ms. Swarnali Saha .. Advocate
… … for the petitioner

Mr. Tirthankar Dhali .. Advocate
… … for the de-facto complainant

Mr. Tanmoy Kumar Ghosh .. Advocate
Mr. Arabinda Manna .. Advocate
… … for the State

The petitioner is seeking bail in connection with a case relating to offences

punishable under Sections 498A/Section308/Section34/Section304 of the Indian Penal Code.

It is submitted on behalf of the petitioner that she is in custody for about 42 days

and that co-accused has been granted pre-arrest bail. It is further submitted that the child

had died accidentally due to choking.

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 the light of the aforesaid submission made on behalf of the petitioner,

we are of the opinion that further detention of the accused/petitioner is not necessary.
2

Therefore, the accused/petitioner, namely Shipra Sharma @ Disha, be

released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with

two sureties of like amount each, one of whom must be local, to the satisfaction of the

learned Chief Judicial Magistrate, North 24-Parganas at Barasat subject to condition that

the said petitioner 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 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.

The application for bail, thus, stands allowed.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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