Archana Das v. State Of West Bengal

09-09-2021 (ct. no.32) KOLE CRM 2369 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Women Police Station Case No. 24 of 2020 dated 06.03.2020 under Sections 498A/306/34 of the IPC. - A n d - In the matter of : Archana Das .... Petitioner.

Mr. Suman Karmakar, Mr. Arina Bhattacharjee, ... For the Petitioner.

Mr. D. Chatterjee, Ld. APP, Mr. A. Gour, ... For the State.

It is submitted on behalf of learned Counsel for the petitioner that, although three co-accused persons have been enlarged on bail, the present petitioner is in custody for about a year. It is further contended that, considering the age of the victim and the period of incarceration, the personal liberty of the petitioner ought not to have been hampered. However, we find from the case diary that the victim clearly mentioned, in her dying declaration, certain incriminating facts against the present petitioner. That apart, considering the gravity of the offence, we are not inclined to grant bail to the petitioner.

Accordingly the application, being CRM 2369 of 2021, is dismissed, thereby refusing the petitioner's prayer for bail.

( Sabyasachi Bhattacharyya, J. ) ( Bivas Pattanayak, J. )