Iffat Perween And ANR v. The State Of West Bengal

26.02.2025 Item No.73 Court No. 26 CHC Rejected CRM (DB) 4388 of 2024 In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (previously under Section 439 of the Code of Criminal Procedure, 1973) in connection with Uttarpara Police Station Case No. 77/2024 dated 17.02.2024 under Sections 302/201/120B of the Indian Penal Code.

-AndIn the matter of : Iffat Perween & Anr.

... ...Petitioners Mr. Saryati Datta, Advocate Mr. Chitrak Biswas, Advocate ... ... For the Petitioners Mr. Partha Pratim Das, Advocate Mr. Abhinaba Mukherjee, Advocate ... ...For the State

1. Two persons before us seeking bail.

2. Learned advocate appearing for the petitioners submits that, the petitioners are in custody in excess of 373 days. Police filed charge sheet and therefore, further detention of the petitioners are not required. He submits that, there is no evidence implicating any of the petitioners in the crime.

3. Learned advocate appearing for the State draws the attention of the Court to the materials on record. He submits that, there was an illicit relationship between the petitioners which resulted in the murder. There are CCTV footage as also forensic evidence to implicate both the petitioners in the murder.

4. The child of the petitioner no.2 was found murdered.

5. Materials on record implicate both the petitioners in such incident.

6. Trial is in progress. Out 34 prosecution witnesses, 6 were examined. Enlarging any of the petitioners on bail at this stage of the trial is likely affect the trial adversely given the relationship between the petitioners amongst themselves and the petitioner no.2 and the victim.

7. Considering the gravity of the offence and the involvement of the petitioners therein, we are not inclined to grant bail to the petitioner.

8.

Prayer for bail of the petitioners is rejected. 9.

CRM(DB) 4388 of 2024 is dismissed.

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