Munni Yadav And ORS v. The State Of West Bengal

02.04.2025 Item No.21 Ct.No.34 rc.

Reject C.R.M. (DB) 454 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 Khardah Police Station Case No. 402 of 2023 dated 23.06.2023 under Sections 448/427/341/324/308/34 of the Indian Penal Code.

And In Re :

Munni Yadav & Ors.

... Petitioners.

Mr. Arnab Chatterjee Mr. Dipankar Guha ... for the Petitioners Md. Adil Badr Mr. Dattatreya Dutta ... For the State.

Prayer for bail of the petitioners was turned down by this Court on November 12, 2024 in CRM (DB) No. 2836 of 2024. The petitioners renew their prayer on the ground that the offences alleged can at best be under Section 304 of the Indian Penal Code though charge sheet has been submitted under Section 302 of the Indian Penal Code. The petitioners are in custody for little less than 10 months. In producing the Case Diary learned counsel for the State opposes the prayer and draws the attention of the Court to the multiple injuries detected in the body of the victim during postmortem examination. Learned counsel also takes this Court to the observation made by this Court in the

earlier order which records that the 1st petitioner has a prior murder case registered against her and they appear to be dangerous persons.

I have considered the material on record.

Charge sheet has been submitted. The case is yet to be committed.

Considering the material available against the petitioners as well as nature and gravity of the offence, this Court is of the view that this is not a fit case for release of the petitioners at this stage. The petitioners' prayer for bail is rejected at this stage.

Case Diary is returned.

The application being CRM (DB) No. 454 of 2025 is disposed of.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)