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The Indian Penal Code vs Allowed on 7 February, 2018

1

07.02.2018
tkm/ct 28 C.R.M. 695 of 2018
sl no. 51

In Re : An application for bail under section 439 of the Code of Criminal
Procedure filed on 19.1.2018 in connection with Domkal P.S case no.
1185 of 2015 dated 11.11.2015 under section 498A/326/307/302/34 of
the Indian Penal Code,
And
Allowed
In Re : Nujera Bibi …… petitioner

Mr. Sandip Chakraborty
…… for the petitioner
Mr. Saswata Gopal Mukherjee
Mr. P.P. Das
…… for the State

Heard the learned advocates appearing for the respective

parties.

Petitioner is in custody for 92 days and it is submitted that

she has been falsely implicated in the instant case. It is further

submitted that the principal accused i.e. the husband of the victim

housewife is on bail.

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 that the principal accused i.e the husband of the victim

is on bail, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner be released on bail upon

furnishing a bond of Rs. 10,000/- with two sureties of like amount
2

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

CJM, Murshidabad at Berhampore on condition that the petitioner

shall appear before the trial court on every date of hearing and she

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 695 of 2018 is disposed of.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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