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Judgments of Supreme Court of India and High Courts

Of The Indian Penal Code vs Allowed on 18 September, 2018


tkm/ct 28 C.R.M. 7845 of 2018
sl no. 200

In Re : An application for bail under section 439 of the Code of Criminal
Procedure filed on 13.9.2018 in connection with Asansol (North) P.S case
no. 153 of 2018 dated 2.6.2018 under sections 498A/302/120B of the
Indian Penal Code and sections 3 and 4 of the DP Act added secton 406
of the Indian Penal Code
In Re : Nikhit @ Nikhat Perween @ Rani …… petitioner

Mr. Ayan Bhattacharya
Mr. Kunal Ganguly
…… for the petitioner

Mr. Partha Pratim Das
…… for the State

Heard the learned advocates appearing for the petitioner and

the State.

Petitioner is in custody for about 96 days and it is submitted

on behalf of the petitioner that the victim stated in the hospital that

she had suffered accidental burn injury.

Learned lawyer for the State opposes the prayer for bail.

Having considered the materials in the case diary and bearing

in mind the extent of complicity of the petitioner in the alleged

crime and in the light of the aforesaid submissions made on behalf

of the petitioner, we are of the opinion that further detention of the

petitioner is not necessary and he may be granted bail.

Accordingly, the petitioner be released on bail upon

furnishing a bond of Rs. 10,000/- with two sureties of like amount

each, one of whom must be local to the satisfaction of the learned

CJM, Asansol, Paschim Bardhaman on condition that the 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 being CRM 7845 of 2018 is disposed of.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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