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29.03.19
Sl. No.4
akd
[ALLOWED]
C. R. M. 3075 of 2019 [ASSIGNED]
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
13.03.2019 in connection with Khardah Police Station Case No. 72 of 2019 dated
20.01.2019 under Sections 498A/304B/34 of the Indian Penal Code. (G.R. Case No. 366
of 2019)
And
In Re: Susmita Das
… … Petitioner
Mr. Sourav Chatterjee .. Advocate
Mr. Satadru Lahiri .. Advocate
Mr. Rajkumar Lahoti .. Advocate
… … for the petitioner
Ms. Zareen N. Khan .. Advocate
Ms. Mayukhi Mitra .. Advocate
… … for the State
Petitioner renews her prayer for bail.
It is submitted on behalf of the petitioner that she is the married sister-in-law of
the victim-housewife and did not reside at the matrimonial home of the victim. It is further
submitted that she was not present at the matrimonial home on the day the victim-
housewife committed suicide.
Learned Counsel for the State opposes the prayer for bail and submits that the
petitioner along with others subjected the victim-housewife to torture and consequentially
she committed suicide.
We have considered the materials on record. There is nothing on record to show
that the petitioner was present on the date of occurrence at the matrimonial home of the
victim-housewife. Keeping in mind the aforesaid facts and the period of detention suffered
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by the petitioner and that investigation is complete, we are of the opinion that further
detention of the accused/petitioner is not necessary.
Therefore, the accused/petitioner, namely Susmita Das, 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 local, to the satisfaction of the learned Additional
Chief Judicial Magistrate, Barrackpore, North 24-Parganas 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.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)
