27 30.05.2024
rkd/ Ct. No.08
C.R.M. (DB) 1739 of 2024
cp (Allowed)
In Re: - An application for bail under Section 439 of the Code of
Criminal Procedure filed on 28/05/2024 in connection with
Bharatpur P.S. Case No. 104 of 2024 dated 27/04/2024 under
Sections 341/325/326/307/506/34 of the India Penal Code
and Section 9B of the Indian Evidence Act.
And
In the matter of: Mannihar Bibi @ Mene Bibi & Anr.
….petitioners.
Mr. Kallol Kumar Basu,
Md. Jannat Ul Firdous
…for the petitioner.
Mr. Rana Mukherjee,
Mr. Aslam Parvez
…for the State.
Petitioner No.1 is in custody for 32 days and petitioner
No.2 is in custody for 30 days.
Learned advocate appearing for the petitioners submits
that the injuries complained of do not relate to any explosives
used. However, the same may relate to physical assault by
means of iron rod, bamboo stick etc. and the same were not at
the instance of the present petitioners who are ladies.
Learned advocate appearing for the State opposes the
prayer for bail and submits that large number of persons
including the petitioners were involved in the commission of
alleged offence. It has also been submitted that there are
grievous injuries and certain explosives were recovered at the
instance of one of the accused petitioners.
We have considered the materials in the case diary and
having regard to the period of detention of the petitioners being
ladies, we are of the opinion that further detention of the
2
petitioners is not necessary and they may be granted bail.
Let the petitioners be released on bail upon furnishing a
Bond of Rs. 10,000/- each with two sureties of like amount each,
one of whom must be local, to the satisfaction of the Learned
Additional Chief Judicial Magistrate, Kandi, Murshidabad
subject to the condition that if on bail, they shall leave the
jurisdiction of the district Murshidabad only after informing the
investigating officer of the case as the investigation of the case is
in progress and they shall not intimidate witnesses or tamper
with evidence in any manner whatsoever. Learned Additional
Chief Judicial Magistrate, Kandi, Murshidabad shall be at
liberty to impose any further condition if he deems fit and proper
for ensuring availability of the accused persons in connection
with the instant case.
In the event the petitioners fail to comply with the
conditions as enshrined hereinbefore, it is open to the trial court
to cancel the bail without any further reference to this Court.
The application being CRM (DB) 1739 of 2024 is, thus,
allowed.
Parties shall act on server copy of the order
downloaded from the official website of this Court.
(Biswaroop Chowdhury, J.) (Tirthankar Ghosh, J.)