Rahela Sultana v. The State Of West Bengal

12.06.2023 Ct.No. 1 Item No. 13 Sb / Saswata Rejected CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI C.R.M. (DB) 260 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Jaigaon PS case no. 18/2022 dated 14.01.2022 under Sections 32/120B of the Indian Penal Code, 1860 And In the matter of : Rahela Sultana ...petitioner Mr. Sudip Guha ...For the petitioner Mr. Niloy Chakraborty Mr. Biswarup Roy ....For the State

1. Learned Counsel for the petitioner submits that the petitioner is languishing in custody for 510 days and she has been falsely implicated in the instant case.

2. Learned Counsel for the prosecution submits that the petitioner conspired with the principal accused to murder the wife of the principal accused and on the basis of her leading statement recorded under Section 27 of the Indian Evidence Act, the offending weapons have been recovered from the house of the petitioner.

3. Considering the materials available in the case diary, nature of involvement of the petitioner in commission of the alleged offence and the other incriminating materials implicating the petitioner in commission of the offence,

we are of the opinion that this is not fit case where the petitioner shall be granted bail at this stage.

4. The application for bail is accordingly rejected.

5. CRM (DB) 260 of 2023 is disposed of.

(Raja Basu Chowdhury, J.) (Soumen Sen, J.)