Nobika Bibi@Nabika Bibi And ANR v. State Of West Bengal

18.10.2022.

77.

NB/S.Banerjee (Reject) CRM (DB) 3620 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973.

In the matter of : Nobika Bibi @ Nabika Bibi & Anr. ... Petitioners.

Mr. Partha Sarathi Das, Md. Hafiz Ali.

. ...for the Petitioners.

Mr. Arijit Ganguly, Mr. Aniket Mitra.

.....for the State.

Mr. Dipendu Sarkar ...for the de facto complainant.

Petitioners pray for bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for 181 days.

Police filed charge sheet and, therefore, further detention of the petitioners is not required.

Learned advocate appearing for the State submits that prayer for bail was rejected in respect of two other co-accused. He refers to the materials in the case diary and he submits that there are post occurrence witnesses who implicate both the petitioners. Learned advocate appearing for the de facto complainant refers to the orders of rejection of the two other co-accused. The prayer for bail of the two other co-accused were rejected on the ground that there were statement of witnesses to show that

such co-accused was present at the place of occurrence when the housewife was murdered. Postmortem report of the victim corroborates the allegation of homicidal death. The petitioners before us are similarly situated as such with other co-accused.

In such circumstances, we are unable to grant bail to the petitioners.

The application for bail being CRM (DB) 3620 of 2022, is thus rejected.

(Debangsu Basak, J.) (Ajay Kumar Gupta, J.)