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Calcutta High CourtCRM (DB)/3339/2024rejected

Papia Biswas Bepari @ Papiya Biswas Byapari v. The State Of West Bengal

2025-01-29Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

29-01-2025 (ct. no. 29) KOLE CRM (DB) 3339 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Kotwali Police Station Case No. 1051 of 2023 dated 05.03.2023 under Sections 447/326/307/302/34 of the Indian Penal Code. - A n d - In the matter of : Papia Biswas Bepari @ Papiya Biswas Byapari .... Petitioner.

Mr. Sumanta Chakraborty, ... For the Petitioner.

Mr. Avishek Sinha, Mr. Santanu Takuldar, ... for the State.

Dictated by Apurba Sinha Ray, J:- 1.

The petitioner claims that she has been falsely implicated in this case. She has been in custody for about one year ten months. 10 witnesses have been examined and there is no chance of an early conclusion of the trial. As the petitioner is a lady she may be enlarged on bail on any condition. The principal accused Jayanta Bain is in custody.

2.

Learned State Advocate opposes the bail prayer. He has drawn attention of the court to the deposition of the witnesses saying incriminating evidence against both the accused persons. 3.

We have considered the materials on record. The PW 1 and other witnesses have deposed against the present petitioner. The seizure list also supports the prosecution case. Prima facie it appears that there are sufficient incriminating materials against the present petitioner who had played an active role at the time of commission of the alleged offence.

4.

In view of such materials on record, we are not inclined to enlarge the petitioner on bail, at this stage.

5.

CRM (DB) 3339 of 2024 is, thus, dismissed.

6.

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. )