Anita Roy v. The State Of West Bengal

25. CIRCUIT BENCH OF CALCUTTA HIGH COURT 13-01-2022 AT JALPAIGURI (ct. no.01) debajyoti (rejected) Via Video Conference CRM (DB) 9 of 2022 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pundibari Police Station Case No.512 of 2021 dated 28-09-2021 under Sections 302/201/34 of the Indian Penal Code. - A n d - In the matter of : Anita Roy .... Petitioner.

Mr. Subhasish Mishra ... For the Petitioner.

Mr. Aditi Sankar Chakraborty, learned APP, Mr. Sourav Ganguly ... For the State.

The prosecution case is that the petitioner brutally murdered her father-in-law. The petitioner's husband is the defacto complainant. The petitioner says that she has no involvement in the alleged offence. She is in custody for about 100 days. Charge Sheet has been submitted. She may be enlarged on bail.

We have seen the material in the Case Diary including the statement of the petitioner's husband recorded under Section 161 of the Code of Criminal Procedure where he says that the petitioner told him that she had murdered the victim. The offending weapon was recovered from the bed room of the petitioner. We have also considered the Post Mortem report which says that the death was homicidal in nature.

On an overall assessment of the nature and gravity of the charges and the prima facie incriminating material

against the petitioner, we are not inclined to allow her prayer for bail, at this stage.

The application for bail being CRM (DB) 9 of 2022 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Aniruddha Roy, J.) (Arijit Banerjee, J.)