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Judgments of Supreme Court of India and High Courts

Anarash Bibi vs Unknown on 5 August, 2019

1

05.08.2019

SL No.181
AP
C.R.M. 6946 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 31.07.2019 in connection with
Samserganj P.S. Case No. 336/2017 dated 31.10.2017 under
Sections 498A/Section302/Section307/Section326A/Section34 of the Indian Penal Code read
with Section 3/4 of the D.P. Act.

And

In the matter of: Anarash Bibi
….Petitioner.

Mr. Tapodip Gupta
…for the Petitioner.

Mr. Bidyut Kr. Roy,
Ms. Rita Datta
…for the State.

It is submitted on behalf of the petitioner that she is in custody

for about 123 days and the principal accused i.e. husband is on

regular bail.

Learned counsel appearing on behalf of the State opposes the

prayer for bail and submits that the petitioner had absconded for a

period of time.

Having considered the materials in the case diary and keeping

in mind the extent of complicity of the petitioner in the alleged crime

and in view of the fact that the petitioner is a lady and the principal

accused is on regular bail, we are inclined to grant bail to the

petitioner.

2

Let 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 Additional Chief

Judicial Magistrate at Jangipur, Murshidabad subject to the

condition that during bail the petitioner shall appear before the

learned trial court regularly till disposal of the trial and the petitioner

shall not intimidate witnesses or tamper with evidence in any

manner whatsoever.

In the event the petitioner fail to comply with the conditions as

enshrined hereinbefore, it is open to the trial court to cancel the bail

without any further reference to this Court.

The application for bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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