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Calcutta High CourtCRM (DB)/3897/2024dismissed as rejected

Alima Khatun @ Basona Bibi v. State Of West Bengal

2025-02-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

17.02.2025 Ct. No. 26 Item No.34 SB C.R.M. (DB) 3897 of 2024 In Re: - An application for bail under Section 439 of Code of Criminal Procedure / 483 of the B.N.S.S. 2023 in connection with Bhagwangola P.S. Case No. 571 of 2023 dated 24.11..2023 under Sections 498A/326/307/34 of the I.P.C..

In the matter of : Alima Khatun @ Basona Bibi Mr. Pratip Kumar Chatterjee Mr. Mihir Kundu Ms. Maitrayee Chatterjee ....for the petitioners Mr. Soumik Ganguly Mr. S. Kundu ....for the State Md. Bani Israil ... for the de facto complainant

1. Petitioner renews the prayer for bail.

2. Learned counsel appearing for the petitioner submits that petitioner is in custody for about 449 days. There are children of the petitioner which requires the attention of the petitioner.

3. State and the de facto complainant are represented.

4. Materials placed on record contain a dying declaration of the victim. Such dying declaration states that the petitioner before us set her ablaze after kerosene oil was poured on her. Victim ascribes a specific and active role so far as the petitioner is concerned in the incident. Victim expired.

5. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring the materials in the case diary, we are not inclined to grant bail to the petitioner.

6. CRM(DB) 3897 of 2024 is rejected.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)