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Calcutta High CourtCRM (DB)/3711/2023rejected

Saraswati Das v. State Of West Bengal

2023-09-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

25.09.2023 Sl. No.30 akd [Rejected] C. R. M. (DB) 3711 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.09.2023 in connection with Tamluk Police Station Case No.554 of 2023 dated 24.05.2023 under Sections 498A/302/34 of the Indian Penal Code. (G.R. Case No.1613 of 2023) And In Re: Smt. Saraswati Das ... ... Petitioner Mr. Suman De ... ... for the petitioner Mr. Saswata Gopal Mukherji .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy ... ... for the State

1. It is submitted on behalf of the petitioner that she is in custody for over 100 days. It is further submitted petitioner is the mother-in-law of the victim lady and has been falsely implicated. Co-accused have been granted pre-arrest bail. Investigation is complete. Accordingly, she prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits minor daughter of the victim lady stated her father and the petitioner had set her mother on fire. Minor has also suffered injuries.

3. We have considered the materials on record. Minor child of the victim lady stated her father i.e. husband of the victim lady and the petitioner i.e. her grandmother set her mother on fire. It is contended husband had suffered burn injuries. Such injury when read in the light of the evidence of the minor may not support the defence plea. It may have been caused after her husband set her on fire. In view of the evidence of the minor child implicating the petitioner and the

husband of the victim lady and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)