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Calcutta High CourtCRM (DB)/116/2025allowed

Sunayani Giri v. The State Of West Bengal And ANR

2025-02-27Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

55.

27.02.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 116 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Galsi P.S. Case No.433/2024 dated 30.06.2024.

And In the matter of: - SUNAYANI GIRI ...petitioner.

Mr. Achyut Basu Mr. Debanjan Chatterjee Mr. Tirtharaj Ghoshal Ms. Pritha Biswas Mr. Amritansu Sengupta Ms. Sulagna Sen ...for the petitioner.

Mr. Ranadeb Sengupta Mr. Saibal Krishna Dasgupta ...for the State.

Mr. Shounak Mondal Mr. Sumit Biswas Ms. Rajashree Bhowmick ...for the de facto complainant.

Dictated by Apurba Sinha Ray, J.

1. Learned Counsel for the petitioner submits that the petitioner is in custody for about 240 days. There is no such material which could incriminate the present petitioner. Considering her period of detention and also the fact that there is no chance of an early conclusion of the trial, the petitioner, who is a lady, may be granted bail on any condition that this Court may decide.

2. Learned State Counsel opposes the prayer for bail. According to him, there are sufficient incriminating materials against the present petitioner and other accused. The mobile phone and the

rope used to strangulate the victim, were recovered from the possession of the petitioner and further the statements of witnesses recorded under Section 164 of the Criminal Procedure Code, 1973, show the complicity of the present petitioner.

3. We have considered the materials on record. It appears that incriminating articles have been recovered from the possession of this petitioner and further the statements of witnesses recorded under Section 164 of the Criminal Procedure Code, 1973, show the complicity of the present petitioner in the commission of the alleged crime.

4. In view of such materials on record, we are not inclined to allow the petitioner's prayer for bail, at this stage. Hence, the prayer for bail is rejected.

5. The application being CRM (DB) 116 of 2025 is accordingly dismissed.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)