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Calcutta High CourtCRM (DB)/4429/2023rejected

Muskan Bibi v. State Of West Bengal

2023-11-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

24.11.2023 tkm/ct 28 C.R.M. (DB) 4429 of 2023 sl no. 39 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Deganga PS case no. 723 of 2021 dated 28.11.2021 under section 302 IPC And In Re : Muskan Bibi ...petitioner Mr. S Chakraborty ...... for the petitioner Mr. M Sur Mr. M Mahata ...... for the State 1.

Petitioner submits one of the prosecution witnesses has turned hostile. He prays for bail.

2.

Learned lawyer for the Sate submits trial is in progress. Petitioner was with the victim husband in the residence on the fateful night. Blood stained weapon of offence was recovered. 3.

We have considered the materials on record. Case is based on circumstantial evidence. Petitioner was with the victim at the place of occurrence. Blood stained weapon of offence has been recovered.

4.

Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, prayer for bail is rejected.

6.

We request the trial court to conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties.

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