SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Of 2019) vs In Re: Ashkara Bibi @ Sekara Bibi @ … on 10 February, 2020

1

10.02.2020

Sl. No.176
akd
[ALLOWED]
C. R. M. 1441 of 2020

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
07.02.2020 in connection with English Bazar Police Station Case No. 830 of 2019 dated
16.08.2019 under Sections 498A/304B/34 of the Indian Penal Code. (G.R. Case No.3748
of 2019)

And

In Re: Ashkara Bibi @ Sekara Bibi @ Sahe Kara Bibi @ Bholia Bibi
… … Petitioner
Mr. Pawan Kumar Gupta .. Advocate
… … for the petitioner

Mr. Anirban Sen .. Advocate
Mrs. Sukanya Bhattacharyya .. Advocate
… … for the State

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

punishable under Sections 498A/304B/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that she is in custody for about 50 days.

It is further submitted that there is delay of 29 days in lodging the FIR.

Learned advocate appearing for the State opposes the prayer for bail and

submits that the victim-housewife was tortured and compelled to commit suicide.

Having considered the materials on record and bearing in mind the nature of

allegations in the light of the submission that there is delay in lodging the FIR and in view

of the period of detention suffered by the petitioner, we are of the opinion that further

detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Ashkara Bibi @ Sekara Bibi @

Sahe Kara Bibi @ Bholia Bibi, 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
2

local, to the satisfaction of the learned Chief Judicial Magistrate, Malda 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.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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