Palash Kahar v. State Of West Bengal

03.02.2023.

27.

Ct.No.28 as (Rejected) C.R.M. (DB) 392 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Amdanga P.S. Case No.544 of 2021 dated 18.10.2021 under Section 302 of the Indian Penal Code and charge sheet submitted under Section 302 of the Indian Penal Code.

In the matter of : Palash Kahar ... Petitioner.

Mr. Ayan Basu, Mr. Sourav Bera, Mr. Sumit Routh.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Ms. S. Santra.

...for the State.

Petitioner is in custody for 462 days. He submits there is no direct evidence connecting him with the murder. He prays for bail.

Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Deceased made an oral dying declaration implicating the petitioner before her relations. There are other incriminating materials i.e. seizure of offending weapon on the leading statement of the petitioner.

In view of the aforesaid incriminating circumstances and gravity of offence, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)