Kursiya Bibi And ORS v. State Of West Bengal And ORS.

03.12.2021 rrc CRM 4967 of 2021 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Kursiya Bibi & Ors.

..... petitioners Mr. Navanil De Ms. Ayantika Roy Mr. Rajesh Chakraborty .....For the petitioners Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta .....For the State Apprehending arrest in connection with Haripal Police Station Case No. 249 dated September 16, 2020 under Sections 341/323/325/504/506/34 of the Indian Penal Code, the present application has been preferred. Mr. De, learned advocate appearing for the petitioners submits that in view of a previous dispute between the parties, the petitioners, who are relatives of the de facto complainant, have been falsely implicated. The allegations are omnibus in nature. There is no possibility that the petitioners, who are the womenfolk, would delay the trial by abscondence. Upon completion of investigation charge sheet has also been submitted and as such, custodial interrogation is not warranted.

Mr. Roy Chowdhury, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention several documents in the case diary.

He further submits that one co-accused, namely, Jasmina Khatun @ Jasmina Begum had already been denied anticipatory bail by a coordinate Bench of this Court on 20th November, 2020 in CRM 9068 of 2020.

We have heard the learned advocates appearing for the respective parties and considered the materials in the case diary.

Prima facie, there are strong incriminating materials against the petitioners. Considering the gravity of the offence, the injury report, the nature of allegations and the extent of complicity of the petitioners in the alleged offence, we are not inclined to exercise any discretion in their favour. Accordingly, the application for anticipatory bail, being CRM 4967 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)