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Calcutta High CourtCRM (DB)/3555/2022rejected

Nachirun Bibi v. State Of West Bengal

2022-10-17Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Saugata Bhattacharyya2 pages

VB

09. 17.10.2022 Ct.28 Tanmoy/TN Rejected CRM (DB) 3555 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Nakashipara Police Station Case No. 65 of 2021 dated 13/02/2021 under Sections 341/324/326/307/302/34 of the Indian Penal Code, 1860.

And In the matter of: - Nachirun Bibi & Anr.

....petitioners.

Mr. S. Mitter, Mr. Kalyan Kumar Bhattacharjee ...for the petitioners.

Mr. Rudradipta Nandy, Ld. A.P.P., Mrs. Manashi Roy ...for the State.

Petitioners renew their prayer for bail.

This is an application for bail under Section 439 of the Code of Criminal Procedure, 1973. Petitioners plead that they have been falsely implicated and on behalf of the petitioners, prayer is made for releasing them and if prayer of both the petitioners is not allowed at least in respect of the petitioner no.1 such prayer be allowed on imposition of strict conditions. The prayer for bail has been opposed by learned Advocate representing the State.

The prayer for bail of the petitioners have been considered and rejected previously on number of occasions and the last order was passed by a co-ordinate Bench on 18th August, 2022 in C.R.M. (DB) 2766 of 2022.

Considering the extent of complicity of the petitioners in commission of offence, we are not inclined to grant bail and, accordingly, the application being C.R.M. (DB) 3555 of 2022 stands rejected.

The Court below is directed to expedite the trial and take the same into logical conclusion preferably within a period of four months from the next date fixed for the trial. (Saugata Bhattacharyya, J.) (Moushumi Bhattacharya, J.)