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54 06.06.2018
C.R.M. 3351 of 2018
sg Ct. No.28
In Re: – An application for bail under Section 439 of the Code of Criminal Procedure filed on
05.06.2018 in connection with Baranagar P.S. Case No. 158/17 dated 13.03.2017 under
(Allowed) Sections 498A/304B/306/34 of the Indian Penal Code and Sections 3 and4 of the D.P. Act.
Laxmi Paul
Versus
The State of West Bengal
Mr. Kallol Mondal, Adv.
Mr. Krishna Ray, Adv.
Ms. A. Chel, Adv.
…for the petitioner
Mr. Rana Mukherjee, Adv.
Mr. A. Sen, Adv.
…for the State
It is submitted that the petitioner is in custody for one year and three months
and there is no progress in the trial of the case since the last rejection of the bail by this
Court.
Learned lawyer for the State opposes the prayer for bail.
We have considered the materials on record and we find that the victim
committed suicide within one year of marriage. Although the allegations are grave, we
note that in spite of protracted period of detention there is no progress in the trial since
the last rejection of bail by this Court. Hence, we are inclined in granting bail to the
petitioner, however, subject to strict condition.
Accordingly, the petitioner shall be released on bail upon furnishing bond of
Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like amount, one of
whom shall be local, to the satisfaction of the learned Additional Chief Judicial
Magistrate, Barrackpore, North 24 Parganas, on condition that she shall not leave the
jurisdiction of Baranagar Police Station except attending court proceedings until
further orders and on further conditions that she shall appear before the trial court on
every date of hearing and shall not intimidate witnesses and/or tamper with evidence in
any manner whatsoever.
In the event the petitioner fails to appear before the trial court, 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, thus, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
