20.05.2025 Item No.32 Ct.No.34 rc. Allowed C.R.M. (DB) 1023 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domjur Police Station Case No. 433 of 2024 dated 11.06.2024 under Sections 395/397/120B/34 of the Indian Penal Code and Section 25/27 of the Arms Act. And In Re : Asha Devi ... Petitioner Mr. Ayan Bhattacharjee Ms. Ritu Das ... for the Petitioner Mr. Debasish Roy Ms. Zarean N. Khan ... For the State The petitioner is in custody for more than three hundred days and prays for bail. Learned counsel for the petitioner submits that the petitioner is not identified in Test Identification Parade as the co-accused and was not present at the spot when the alleged incident occurred. The only allegation against her is that she provided shelter to the co-accused prior to the alleged incident. According to the statement of one of the witnesses, the petitioner rented a room for two of the co-accused at Asansol for their medical treatment. Medical documents were recovered from the said room in course of investigation, thereby suggesting that the co-accused had come for medical treatment. Charges against the petitioner can at best be 2 under Section 216A of the Indian Penal Code which is bailable. Also, though the written complaint refers to four unknown persons who allegedly committed the decoity the FIR records that there were five unknown persons involved in the incident. Learned counsel for the State opposes the prayer. I have considered the material on record. The petitioner was not present at the place of occurrence and has therefore not been identified in Test Identification Parade. The only allegation against her is that she allegedly harboured/ provided shelter to the co-accused prior to the offence. Charges have been frame. This Court is informed that the prosecution proposes to examine twenty-five witnesses out of whom examination of PW-1 has been completed. Possibility of completion of trial in near future is bleak. Considering the material on record, stage of trial as well as extent of complicity of the petitioner in the alleged offence, this Court is of the view that further detention of the petitioner is not required and she may be released on bail. Accordingly, prayer for bail of the petitioner is allowed. The petitioner Asha Devi 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, Howrah subject to condition that she shall remain within the jurisdiction of learned trial Court and 3 shall furnish the address where she shall presently reside before the learned trial Court, Investigating Officer and the Officer-in-Charge of the concerned police station under whose jurisdiction she shall henceforth reside. She shall furnish her mobile number before the trial Court, Investigating Officer and the Officer-in-Charge of the concerned police station under whose jurisdiction she shall henceforth reside and shall not change the same without prior intimation to them. She shall appear before the learned trial Court on every date of hearing. She shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to comply with any of the conditions as mentioned above without 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. 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.)