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Calcutta High CourtCRM (DB)/280/2022dismissed

Saurav Das @ Rajdeep Das v. State Of West Bengal

2022-02-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.02.2022 Sl. 41 Court No.29 suvayan (Rejected) C.R.M. (DB) 280 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.01.2022 in connection with Harwood Point Costal P.S. Case No. 372 of 2021 dated 02/11/2021 under Section 302 of the Indian Penal Code. And In the matter of: Saurav Das @ Rajdeep Das ....petitioner.

Mr. Sabir Ahmed Mr. Mujibar Ali Naskar Mr. A. Saha ...for the petitioner.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 92 days. He draws attention of the Court to the inquest report and submits that the family members of the deceased signed the inquest report. He contends that the death is due to natural causes.

Learned Advocate appearing for the State draws the attention of the Court to the postmortem report and the inquest report. He submits that the prayer for bail was rejected on December 20, 2021. The post-mortem report state that the death was due to effect of head injuries as noted in such report, anti-mortem in nature. In the column for injuries, several injuries on the head of the deceased are noted. The post-mortem report does not reveal that the death is due to natural causes.

In such circumstances, given the materials in the case diary implicating the petitioner and given the fact that there is hardly any change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 280 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)