BHANGORE POLICE STATION CASE No. 406 of 2021 · Calcutta High Court

Mr. Uday Sankar Chattopadhyay Ms. Aishwarya Datta Ms. Rajshree Tah Ms. Trisha Rakshit Ms. Sadia Parveen ... for the Petitioner. Mr. Bitasok Banerjee Mr. Soumyadip Saha ... For the State. Report submitted by the State is taken on record. The petitioner seeks parity with co-accused Abdul Ait Mollah @ Bablu Mollah who has been granted bail by this Court on September 12, 2024. Learned counsel for the petitioner submits that the petitioner is in custody for more than three years and trial is yet to be concluded. Learned counsel for the State produces the Case Diary and opposes the prayer. Learned counsel refers to statement of witnesses under Sections 164/161 of the Code of Criminal Procedure implicating the petitioner. I have considered the material on record. 2 It appears from the statement of witnesses that both the petitioner and the Abdul Ait Mollah @ Bablu Mollah have been placed on the same footing in alleged commission of crime. The witnesses have stated that both of them conspired and committed murder of the petitioner’s husband. Upon consideration of the material available in the Case Diary, evidence of witnesses adduced before the learned trial Court as well as period of detention of the petitioner, this Court is of the view that further detention of the petitioner is not required and she may be granted bail subject to stringent conditions. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner 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 Chief Judicial Magistrate, Baruipur, South 24 Parganas subject to condition that she shall appear before the learned 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 learned trial court without any justifiable cause, the learned trial court shall be at liberty to cancel her bail in accordance with law without further reference to this Court. The application for bail is, thus, disposed of. 3 Case Diary be returned. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)