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Judgment
Arindam Lodh, J
This is a bail application filed under Section 483 of BNSS, 2023 by the applicant praying for bail of the accused person, namely, Smt. Sutapa Debnath, who has been in custody in connection with R.K.Pur P.S. Case No.2024 RKP 0081, registered under Section 103(1)/2(5) of BNS, 2023.
Heard Mr. B. Nandi Majumder, learned senior counsel virtually assisted by Mrs. Sarama Deb, learned counsel appearing for the applicant. Also heard Mr. Raju Datta, learned P.P. along with Mr. S. Ghosh, learned Addl. P.P. appearing for the State-respondent.
Mr. Nandi Majumder, learned senior counsel appearing for the applicant has submitted that the accused is no way involved with the alleged incident and even her name has not been mentioned in the FIR. Mr. Nandi Majumder, learned counsel has also submitted that if the accused is enlarged on bail, she will not evade the investigation of this case as well as the process of trial. More so, the accused person being a lady has been detained in custody for more than 45 days and thus, Mr. Nandi Majumder, learned senior counsel prays for releasing the accused lady on any condition.
Learned P.P. has raised serious objection to the bail application and submitted that they need the case diary to be produced before this Court.
I have gone through the petition as well as the FIR. From the complaint, prima facie, I do not find any incriminating material as alleged to have been committed by the accused lady and she is also not the FIR named person. She has been in custody for more than 45 days. In similar circumstance, this Court had granted bail to another accused.
Considering the above state of affairs, I am inclined to grant interim bail to the accused at this stage. Accordingly, the accused person, namely, Smt. Sutapa Debnath, shall be released on interim bail till 18.11.2024, on executing a bond of Rs.50,000/- (Rupees fifty thousand) with one surety of the like amount to the satisfaction of the learned Elaka Magistrate, Udaipur, Gomati Judicial District.
List the matter on 18.11.2024. On that date, learned P.P. shall produce the case diary.