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Calcutta High CourtCRM/5603/2021dismissed

Prokash Biswas@Nisha v. State Of West Bengal

2021-10-07Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

07.10.2021 Item no. 24 Court No.32.

S.De.

(Rejected) (Via Video Conference) CRM 5603 of 2021 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.08.2021 in connection with Chakdah Police Station Case No. 230 of 2021 dated 01.06.2021 under Sections 302/34 of the Indian Penal Code and Sections 25 and 27 of the Arms Act.

And In the matter of : Prokash Biswas @ Nisha.

......Petitioner.

Mr. Kallol Kr. Basu, Advocate, Ms. Soma Ghosh, Advocate, ......for the Petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Dipankar Paramanick, Advocate, ......for the State.

The petitioner says that there is no direct evidence against her. She is in custody for 128 days. Charge-sheet has been submitted. She should be released on bail. Learned advocate for the State disputes the submission of the learned advocate for the petitioner that charge-sheet has been submitted.

We have seen the material in the case diary. The charge is of murder. We have seen the statements of witnesses recorded under Section 161 of the Code of

Criminal Procedure. Prima facie, it appears that the petitioner is the prime accused.

On an overall assessment of the material on record and the facts and circumstances of the case, we are not inclined to enlarge the petitioner on bail, at this stage. CRM 5603 of 2021 is, accordingly, dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)