Nurjahan Bibi And ORS v. State Of West Bengal

13.01.2021 Item no.13 Court No.28 Avijit Mitra C.R.M. 195 of 2021 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure;

And In Re : Nurjahan Bibi & Ors.

.... petitioners Mr. K.C. Das, Sk. Sahjahan Ali ....for the petitioners Mr. Saswata Gopal Mukherjee, Ld. P.P.

Mr. Aniket Mitra ...... for the State The present application under Section 439 of the Code of Criminal Procedure has been preferred by the petitioners in connection with Contai Women Police Station Case No.35 of dated 28.04.2020 under Sections 498A/323/326/307/304(B)/ 34 of the Indian Penal Code. Mr. Das, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the criminal proceedings. The petitioners are in custody for 260 days. Upon completion of investigation, charge sheet has already been filed and in such circumstances, further detention of the petitioners is not warranted.

Mr. Mitra, learned advocate appearing for the State opposes the petitioners' prayer.

Having heard the learned advocates and upon considering the materials in the case diary, the gravity of the offence, the dying declaration and the extent of complicity of the

petitioners in the alleged offence, we are not inclined to grant bail.

The application for bail being C.R.M. 195 of 2021 is, accordingly, dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)