Munni Khatun v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

19.02.2025 Court No.01 rpan/28 CRM (DB) 106 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Malbazar Police Station Case no. 458 of 2024 dated 05.08.2024 under Sections 103(1)/61(2) of the Bharatiya Nyay Sanhita, 2023; And In Re : Munni Khatun - Petitioner Mr. Sourav Ganguly, Mr. Tushar Debnath, Ms. Rishita Chakraborty, Mr. Bibek Tarafder, Mr. Gopal Roy, Ms. Deblina Roy ... for the petitioner.

Mr. Tapan Bhattacharjee, Mr. Kallol Nag ... for the State.

Mr. (Dr.) Arjun Chowdhury, Ms.Riya Agarwal ... for the De Facto / Complainant.

Mr. Ganguly, learned advocate appearing for the petitioner submits that the petitioner is a lady member of the family, who has suffered incarceration for more than 195 days. Upon completion of investigation chargesheet has also been submitted and as such, further detention of the petitioner may not be necessary moreso when there is no possibility that she would flee from justice. He further submits that the petitioner's prayer was last rejected on 24th January, 2025, however, there had been a change in the circumstances thereafter, as other accused persons have already been granted anticipatory bail by this Court. Mr. Nag, learned advocate appearing for the State submits that records would reveal the direct involvement of the petitioner

in the heinous offence and as such, her prayer needs to be rejected at this stage.

Mr. (Dr.) Chowdhury, learned advocate enters appearance on behalf of the de facto complainant and opposes the petitioner's prayer.

Considering the gravity of the offence and its ramifications, the nature of accusations, the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise discretion in her favour at this stage, moreso when we do not find any change in circumstances subsequent to the last dismissal of her prayer on 24th January, 2025.

In view thereof, the application of bail, being CRM (DB) 106 of 2025 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Tapabrata Chakraborty, J.)