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03.01.2020

.

142.
as
(Allowed)
C.R.M. 29 of 2020

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 24.12.2019 in connection with New
Town P.S. Case No.402 of 2019 dated 02.10.2019 under Sections
498A/Section304B/Section34 of the Indian Penal Code.

In the matter of : Shahanaz Rashid @ Sanaz Begum.

…. Petitioner.

Mr. Sabir Ahmed,
Mr. Farooque Ali.

…for the Petitioner.

Mr. Ranabir Ray Chowdhury,
Mr. Mainak Gupta.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioner that the victim

suffered accidental burns and died.

Learned Advocate appearing for the State opposes the prayer

for bail.

Having considered the materials on record and bearing in mind

the nature of allegations in the light of the aforesaid submission with

regard to cause of death which finds resonance from the dying

declaration of the victim at page 80 of the Case Diary and in view of

the period of detention suffered by her i.e. 59 days, we are inclined in

granting bail to the petitioner.

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Accordingly, the petitioner shall 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

Chief Judicial Magistrate, Barasat subject to 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 the petitioner fails to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel her bail in accordance with law without further reference to

this Court.

The application, being C.R.M. 29 of 2020, is disposed of.

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