Amit Bouri v. State Of West Bengal

05.02.2024 sdas rejected C.R.M.(DB) No. 299 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Salanpur Police Station Case No. 170 of 2022 dated 29.07.2022 under Sections 363/365 of the Indian Penal Code added Sections 302/201/34 of the Indian Penal Code.

And In Re : Amit Bouri .... petitioner Mr. Ayan Bhattacharjee Mr. Biswajit Sarkar ....for the petitioner Mr. Neguive Ahamed, learned APP Ms. Sima Biswas ... for the State 1.

Learned Counsel for the petitioner submits he is in custody for more than one year and seven months. Co-accused, Bhadu Bouri is on bail. He prays for bail.

2.

Learned Counsel for the State opposes the prayer for bail and submits petitioner is the husband of Bhadu Bouri. He does not stand on the same footing with the said co-accused. Trial is in progress.

3.

We have considered the materials on record.

Deceased had an illicit relationship with Bhadu Bouri. When he came to the residence of Bhadu, the petitioner i.e. husband of Bhadu and others had assaulted him. As a result he died. In view of the intimate relationship between Bhadu and the deceased, this Court doubted her complicity in the murder and enlarged her on bail. This does not apply so far as the petitioner

is concerned. On the other hand, the illicit relation between the deceased and Bhadu Bouri gave motive to commit the crime. Trial is in progress and witnesses are being examined. Under such circumstances, we are not inclined to enlarge the petitioner on bail at this stage.

4. Application for bail is, thus, rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)