Nayan Bibi v. The State Of West Bengal

10.06.2024 Item no.64.

Court No.28.

S. De CRM (DB) No.1669 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 20.05.2024 in connection with Baishnabnagar Police station Case No. 228 of 2024 dated 21.03.2024 under Sections 489(B)/489(C)/120B/34 of the Indian Penal Code.

And In the matter of : Nayan Bibi. ......Petitioner. Mr. Aniket Mitra, Mr. Swarvanu Saha, ......for the Petitioner.

Mr. Parthapratim Das, ......for the State.

The petitioner says that she had no idea that some of the currency notes that her husband gave her to deposit in the bank were fake. Out of Rs.28,000/-, Rs. 10,000/- (Twenty Currency Notes of Rs.5,000/- each) were found to be fake. Accordingly, a case has been instituted under Sections 489(B)/489(C)/120B/34 of the Indian Penal Code against the petitioner and her husband as well as the husband's brother. The petitioner says that she is in custody for 82 days. There is no incriminating material against her. She is innocent. She should be granted bail.

Learned counsel for the State strongly opposes the prayer for bail. He contends that the petitioner is a part of a much bigger racket of dealing in fake currency. Similar cases are pending against the petitioner's husband and brother-in-law in other Courts in West Bench as also in Chennai. Investigation is yet to

be completed. At this stage, the petitioner should not be granted bail.

We have considered the rival contentions of the parties and perused the material in the case diary. We are of the view that the alleged offence is of a serious nature and since investigation is still going on, we should not allow the petitioner's prayer for bail, at this stage.

The application for bail is, accordingly, rejected. CRM (DB) 1669 of 2024 is dismissed.

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