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Calcutta High CourtCRM (DB)/135/2024rejected

Anarul Sk. @ Pakka v. State Of West Bengal

2024-01-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

17.01.2024 SL No.39 Ct. No. 28 SB/s.biswas (Rejected) C.R.M. (DB) 135 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Farakka P.S. Case No. 62 of 2023 dated 31.01.2023 under Section 302/234 of the Indian Penal Code read with Sections 25(i)(a) of the Arms Act and Sections 3/4 of the Explosives Substances Act. And In the matter of: Aanrul Sk. @ Pakka ....Petitioner Mr. Milon Mukherjee, Sr. Adv.

Mr. Biswajit Manna ...for the Petitioner Mr. Sudip Ghosh Ms. Jonaki Saha ...for the State Mr. Tapodip Gupta Mr. Suman Bhanja ... for the defacto complainant

1. The petitioner is in custody for 11 months. It is submitted fired bullet has not been recovered. He prays for bail.

2. Learned lawyer for the State opposes the prayer for bail.

3. We have considered the materials on record. Ocular statements implicate the petitioner in the crime. Post mortem report shows blackish and abrasion injury on the chest wall and other internal injuries. It does not rule out a case of death by gunshot injury.

4. Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

5. The prayer for bail of the petitioner is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)