Smt Jhumur Debnath v. State Of West Bengal

25.01.2021 Court No.28 Item No. 16 Krishnendu Bail Rejected CRM 9039 of 2020 (Via video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure ;

And In Re : Smt. Jhumur Debnath Petitioner Mr. Kamalesh Chandra Saha For the Petitioner Mr. Madhusudan Sur, ld. A.P.P.

Mr. Aniket Mitra For the State The present application under Section 439 of the Code of Criminal Procedure has been preferred by the petitioner in connection with Barasat Police Station Case No. 251 of 2020 dated 04.06.2020 under sections 302/498A/307/34 of the Indian Penal Code.

Mr. Saha, learned advocate appearing for the petitioner submits that the petitioner is the married sister-in-law of the deceased. The incident occasioned about eleven years after marriage was solemnized. The petitioner has been falsely implicated, who resides at a different place. Upon completion of investigation, charge sheet has also been filed and as such further detention of the petitioner, who is in custody for more than 206 days, is not necessary, Mr. Sur, learned Additional Public Prosecutor appearing for the State opposes the prayer for bail and draws our attention to several documents in the case diary.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of allegations, the dying declaration and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in favour of the petitioner at this stage. Accordingly, the prayer for bail is refused.

The application for bail, being CRM No. 9039 of 2020, is rejected.

(Tirthankar Ghosh, J) (Tapabrata Chakraborty, J)