← Library
Calcutta High CourtCRM (DB)/4257/2023rejected

Papiya Majhi v. State Of West Bengal

2023-12-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

01.12.2023.

38.

Ct.No.28 as (Rejected) C.R.M. (DB) 4257 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chanditala P. S. Case No.57 of 2023 dated 23.01.2023 under Sections 302/201/120B/34 of the Indian Penal Code.

In the matter of : Papiya Majhi.

... Petitioner.

Mrs. Sonali Das, Mr. Pratim Mukherjee ...for the Petitioner.

Mr. Arijit Ganguly, Ms. Puspital Saha.

...for the State.

1.

Petitioner submits there is no direct evidence connecting her with the murder of her husband. She is in custody for 310 days. She prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits petitioner had romantic relationship with the co-accused Sajjad. The said Sajjad and Rahul committed murder. Petitioner is the conspirator. 3.

We have considered the materials on record.

Petitioner had motive to commit the crime. Statements show she had illicit affair with co-accused Sajjad. There were frequent conversations between petitioner and coaccused at the time of occurrence. 4.

In view of the aforesaid incriminating materials and gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)