Utpal Dutta And ORS v. State Of West Bengal
29.12.2020 Item no.4 Ct.8 suvendu/CHC Rejected C.R.M. No.11266 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure, 1973 in connection with Barasat Police Station Case No.251 of 2020 dated 4th June, 2020 under Sections 498A/307/326 of the Indian Penal Code.
And In the matter of:- Utpal Dutta & ors.
... Petitioners Mr. Rameswar Sinha .. for the petitioners Mr. Saibal Bapuli, Ld. A.P.P.
Mr. Arani Bhattacharyya ..for the State The victim was set ablaze after 11 years of marriage. The petitioners herein are the brothers-in-law, sisters-in-law and the mother-in-law of the victim. The statement recorded under Section 164 Cr.P.C. clearly implicates the members of the family including the petitioner no.3.
Learned counsel for the petitioners submits that the chargesheet was submitted on 19th August, 2020 but the trial has not commenced till date.
Having regard to the materials on record and the gravity of the offence together with the fact that the victim girl succumbed to her injuries, the petitioners should not be released on bail at this
moment. Accordingly, the prayer for bail of the petitioners is rejected.
However, having regard to the delay in commencement of the trial, the court below is directed to expedite and conclude the trial within six months from date.
C.R.M.11266 of 2020 is disposed of in terms of the above. (Kausik Chanda, J.) (Moushumi Bhattacharya, J.)