Rinku Shaw Vs the State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

Rinku Shaw Vs the State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Petitioner Rinku Shaw to be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one of whom must be local) to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore; conditions: physical presence on each and every date fixed by the learned Trial Court and no departure from the jurisdiction of the district of North 24Parganas without prior permission of the learned Trial Court; application disposed of accordingly.

Issue for consideration

Whether the petitioner, Rinku Shaw (stepmother of the deceased, in custody 1 year 7 months in connection with Noapara Police Station Case No. 95 of 2024 under Sections 302/34 IPC, charge-sheeted under Sections 305/34 IPC), should be released on bail under Section 439 CrPC.

Court's answer

Since the main reason for the victim's death attributable to the present petitioner at this stage relates to abetment, further detention of the petitioner, who is a lady, is unwarranted in the facts and circumstances of the case; the prayer for bail is allowed.

Detailed headnote1 paragraphs

Bail under Section 439 of the Code of Criminal Procedure, 1973 (corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) granted to Rinku Shaw, stepmother of the deceased, who had been in custody for 1 year 7 months in connection with Noapara Police Station Case No. 95 of 2024 dated 23.06.2024 under Sections 302/34 of the Indian Penal Code, 1860, charge-sheet having been submitted under Sections 305/34 IPC (G.R. Case No. 4207 of 2024). The Court noted that, so far as the petitioner was concerned, the main reason for the victim's death at that stage related to abetment, and held that further detention of the lady petitioner was unwarranted. Bail allowed on a personal bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local) to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore, subject to conditions that the petitioner be physically present on every date fixed by the Trial Court and not leave the district of North 24Parganas without prior permission of the Trial Court. Application disposed of. (Tirthankar Ghosh, J.)

10.02.2026 Item No. M/L.201 Ct.No.35 dc.

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION

Allowed

C.R.M. (M) 2433 of 2025

In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Noapara Police Station Case No. 95 of 2024 dated 23.06.2024 under Sections 302/34 of the Indian Penal Code, 1860 and charge-sheet submitted under Sections 305/34 of the Indian Penal Code (G.R. Case No. 4207 of 2024).

And In Re : Rinku Shaw ... Petitioner. Mr. Santanu Talukdar, Mr. Manojit Debnath ... For the Petitioner. Mr. Bibaswan Bhattacharya, Mrs. Smita Saha ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 7 months and is the stepmother of the deceased.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the post mortem report, statement of the neighbours and the statement of the doctor.

Having considered that the main reason for death of the victim at this stage relates to abetment so far as the present petitioner is concerned, I am of the opinion that further detention of the petitioner, who is a lady, is unwarranted in the facts and circumstances of the case. As such, the prayer for bail of the petitioner is allowed .

2

Accordingly, the petitioner viz., Rinku Shaw shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of North 24Parganas without prior permission of the learned Trial Court.

The application for bail, being CRM (M) 2433 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)