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16.07.2021 CRM 4274 of 2021
(Via Video Conference)
Court No.28
Item No.363
In Re:- An application for bail under section 439 of the Code of
Criminal Procedure filed on 21.06.2021 in connection with
Akd/Ab
Chanditala Police Station Case No. 198 dated 11.08.2020 under
Sections 498A/302/34 of the Indian Penal Code (G.R. Case No. 999
of 2020);
And
In the matter of : Loxi Das @ Laxmi Das.
…Petitioner
Mr. Navnil De,
Mr. Rajeshwar Chakraborty.
…For the Petitioner
Mr. Sudip Ghosh,
Mr. Bitasok Banerjee,
Mr. A. K. Dutta.
… For the State
This matter is taken up out of turn on mentioning of the
learned Advocate for the petitioner.
The petitioner has filed the instant application for bail under
Section 439 of the Code of Criminal Procedure in connection with
Chanditala Police Station Case No. 198 under Sections
498A/302/34 of the Indian Penal Code.
It is submitted that the petitioner is the mother in-law of the
victim lady and aged about 58 years and is languishing in jail since
last 148 days. The charge-sheet has been submitted and there is no
occasion to keep her in custody, more particularly, when her
husband has already been enlarged on bail.
Learned Advocate for the State opposes the prayer for bail. It is
submitted that the petitioner has played an active role in
commission of offence and, therefore, the application deserves to be
dismissed.
After hearing the respective submissions and on perusal of the
2
evidence of the minor victim boy recorded under Section 164 of the
Code of Criminal Procedure and the role attributable to her conduct
in commission of offence, we find that the petitioner stands on same
footing that of her husband.
Since the husband of the petitioner has already been enlarged
on bail by this Court on 4th January 2021 in CRM 10734 of 2020
and considering the age of the petitioner, we do not think that
further custody of the petitioner is required, more particularly, when
the charge-sheet has already been submitted.
The prayer for bail of the petitioner is allowed.
Accordingly, the petitioner shall be released on bail upon
furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two
sureties of like amount each, one of whom must be local, to the
satisfaction of the learned Additional Chief Judicial Magistrate,
Serampore, Hooghly, subject to the condition that the petitioner
shall appear before the Trial Court on every date of hearing until
further orders.
In the event the petitioner fails to do so without any justifiable
cause, the Trial Court shall be at liberty to pass necessary order in
accordance with law without any further reference to this Court.
The application for bail, being CRM 4274 of 2021, is thus
disposed of.
(Harish Tandon, J)
(Subhasis Dasgupta,J.)
