AB Court 28 C.R.M. 1352 of 2019
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Pursurah P. S. Case
No.147 of 2018 Dated 28.11.2018 under Sections 498A/306
406 of the Indian Penal Code
In the matter of : Nomita Dhal
Mr. Shah Jamal Hazra,
Sk. Mossaraf Hossain …for the Petitioner.
Mr. Bidyut Kr. Roy,
Ms. Rita Dutta …for the State.
It is submitted on behalf of the petitioner that she is in
custody for 30 days and that co-accused persons have been
enlarged on anticipatory bail.
Learned lawyer appearing for the State opposes the
prayer for bail and submits that the victim housewife committed
suicide within seven years of her marriage.
Having considered the materials on record and bearing
in mind the extent of complicity of the petitioner in the alleged
crime and in view of the fact that co-accused persons have been
enlarged on anticipatory bail, we are inclined to grant bail to the
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/-(Rupees
Ten Thousand only) with two sureties of like amount each, one
of whom shall be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Arambagh on condition
that she shall appear before the trial court on every date of
hearing and shall not intimidate witnesses nor 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 without
further reference to this Court.
The application for bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)