Authority: High Court at Calcutta, Criminal Miscellaneous Jurisdiction
Order Date: 09-10-2026
Case Overview
- Petition: Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to CrPC Section 439) in connection with Ratua Police Station case No. 539 of 2026 dated 16.05.2026, involving offences under Sections 316(2), 316(5), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
- Petitioner: SMRITIKONA MANDAL @ SMRITIKANA MANDAL, represented by Senior Advocate Milon Mukherjee and Advocate Mujibar Ali Naskar.
- Respondent State: represented by Junior Government Advocate Aditya Tiwari and Advocate Namrata Chatterjee.
- Arguments: Petitioner’s counsel argued she, a former Pradhan, was not involved; investigation complete, chargesheet filed, audit report shows no involvement, and her gender warrants release. State counsel opposed bail, citing incriminating material and alleged witness intimidation, but admitted Pradhan’s signature not required for loan sanction.
- Court’s Observation: Investigation complete, chargesheet submitted; audit report does not specifically implicate petitioner; signature of Pradhan not required for loan sanction.
Final Outcome
- Bail granted. Petitioner to furnish a cash bond of Rs 10,000 and two sureties of Rs 5,000 each, one surety to be local as per satisfaction of the Additional Chief Judicial Magistrate, Chanchal, Malda.
- Conditions: Petitioner must not intimidate witnesses or tamper with evidence, must be present in person before the Trial Court on every date, and must not leave Malda district without prior permission of the Trial Court.
- Non‑compliance may lead to cancellation of bail by the Trial Court.
- Order signed by Justice Apurba Sinha Ray.
Topics: Bail, Criminal Procedure