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25.09.2023
Sl. No.30
akd
[Rejected]
C. R. M. (DB) 3711 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 20.09.2023 in connection with Tamluk Police Station
Case No.554 of 2023 dated 24.05.2023 under Sections 498A/302/34 of
the Indian Penal Code. (G.R. Case No.1613 of 2023)
And
In Re: Smt. Saraswati Das
… … Petitioner
Mr. Suman De
… … for the petitioner
Mr. Saswata Gopal Mukherji .. ld. Public Prosecutor
Mr. Parthapratim Das
Mrs. Manasi Roy
… … for the State
1.
It is submitted on behalf of the petitioner that she is in custody for
over 100 days. It is further submitted petitioner is the mother-in-law
of the victim lady and has been falsely implicated. Co-accused have
been granted pre-arrest bail. Investigation is complete. Accordingly,
she prays for bail.
2. Learned Advocate for the State opposes the prayer for bail and
submits minor daughter of the victim lady stated her father and the
petitioner had set her mother on fire. Minor has also suffered
injuries.
3. We have considered the materials on record. Minor child of the
victim lady stated her father i.e. husband of the victim lady and the
petitioner i.e. her grandmother set her mother on fire. It is contended
husband had suffered burn injuries. Such injury when read in the
light of the evidence of the minor may not support the defence plea.
It may have been caused after her husband set her on fire. In view
of the evidence of the minor child implicating the petitioner and the
2
husband of the victim lady and gravity of the offence, we are not
inclined to grant bail to the petitioner at this stage.
4. The application for bail is thus rejected.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)