Smt Rekha Devi Gupta@Rekha Debi Gupta v. State Of West Bengal

19.06.2025 sdas rejected

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri C.R.M.(M) No. 107 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara Police Station Case No. 184 of 2025 dated 18.03.2025 under Sections 103(1)/61(2)(a)/3(5) of Bharatiya Naya Sanhita, 2023.

And In Re : Smt. Rekha Devi Gupta @ Rekha Debi Gupta .... petitioner Mr. Sekhar Mukherjee Mr. Janardan Periwal ....for the petitioner Mr. Aditi Shankar Chakrborty, learned APP Mr. Sourav Ganguly ... for the State This application for bail is presented under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") in connection with Matigara Police Station Case No. 184 of 2025 dated 18.03.2025 under Sections 103(1)/61(2)(a)/3(5) of the Bharatiya Naya Sanhita, 2023. Mr. Mukherjee, learned advocate representing the petitioner, submits that the present petitioner was not present at the place of occurrence at the relevant point of time. According to him, the present petitioner has been falsely implicated in this case. He further submits that the present petitioner has been in custody for 83 days. He also submits that he has collected information that recently charge-sheet has been submitted against the petitioner. He prays that the present petitioner be enlarged on bail.

Mr. Ganguly, learned advocate representing the State, produces the Case Diary. Based on the materials available in the Case Diary, he opposes the petitioner's prayer for bail. He submits that the statements of the witnesses recorded under Section 183 of the BNSS has presented direct evidence against the accused person. He also submits that the post mortem report has lent support to the prosecution case. He again submits that sufficient materials are available in the Case Diary against the present accused person.

Heard the learned advocates representing both the parties and perused the Case Diary along with other materials on record. I have meticulously gone through the statements of the witnesses recorded under Section 183 of the BNSS. Post mortem report primarily shows that sufficient materials are available against the present petitioner.

Therefore, taking note of these facts, I am of the view that petitioner's prayer for bail cannot be entertained at this stage. Accordingly, application for bail is rejected. (Partha Sarathi Chatterjee, J.)