Rukhsana Khatoon v. State Of West Bengal And ANR

12.07.2023 tkm/ct 28 C.R.M. (DB) 1945 of 2023 sl no.58 In Re : An application under section 439(2) of the Code of Criminal Procedure And In Re : Rukhsana Khatoon ....... petitioner Mr. Sabir Ahmed Mr. Ayan Chakraborty Mr. Abdul Rakib Ms. S Mukherjee ...... for the petitioner Mr. N P Agarwala Mr. Pratick Bose ...... for the State Mr. Mrityunjoy Chatterjee Mr. D Majumder ...... for OP no. 2 Petitioner has assailed order dated 15.3.2023 granting bail to opposite party no 2. It is contended that the husband of the petitioner had been murdered. Subsequently, the present case has been registered against her brother-in-law. He is regularly threatening the petitioner and other witnesses. Learned lawyer for opposite party no 2 submits that the learned Sessions Judge considered the case diary and other materials at the time of consideration of bail. We have considered the materials on record. Investigation had substantially progressed and fire arms had been recovered. Hence, further detention for progress of investigation is not necessary.

Moreover, the victim had been assaulted with the butt of fire arms. Accordingly, we do not find any reason to interfere with the order granting bail.

In view of above, CRM (DB) 1945 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)