Calcutta High Court (Appellete Side)
Under Sections 394/397/326/307 Of The ... vs In Re: Mangala Dhara & Anr on 19 September, 2018
1 19.09.18
Sl. No.43 akd [PARTLY ALLOWED] C. R. M. 7733 of 2018 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.09.2018 in connection with Titagarh Police Station Case No. 75 dated 09.02.2018 under Sections 394/397/326/307 of the Indian Penal Code.
And In Re: Mangala Dhara & Anr.
... ... Petitioners Mr. Anjan Bhattacharya .. Advocate ... ... for the petitioners Mr. Atif Ahmed Siddiqui .. Advocate ... ... for the State The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 394/397/326/307 of the Indian Penal Code.
It is submitted on behalf of the petitioners that they are in custody for about 221 days and that they have been falsely implicated in the instant case.
Learned Counsel for the State produces the case diary and opposes the prayer for bail.
Having considered the materials on record and bearing in mind the prima facie involvement of the petitioner no.2 in assaulting the victim, we are not inclined in granting bail to the petitioner no.2 namely, Navin Sharma at this stage.
However, keeping in mind the extent of complicity of the petitioner no.1, who is a lady, and in view of the period of detention suffered by her, we are of the opinion that further detention of the accused/petitioner no.1 is not necessary. 2
Therefore, the accused/petitioner no.1, namely (1) Mangala Dhara, be released on bail upon furnishing a 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 Additional Chief Judicial Magistrate, Barrackpore, North 24-Parganas subject to condition that the said petitioner no.1 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 for bail is thus disposed of. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)