Suman Bhunia@Sanu Bhunia v. State Of West Bengal And ANR

29.02.2024 tkm/ct 28 C.R.A. (DB) 27 of 2024 sl no. 36 In Re : An appeal under section 14A(2) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act And In Re : Suman Bhunia @Sanu Bhunia ........ petitioner Mr. Kallol Kr. Basu Mr. A S Das Mr. M Mandal Md. J Ul Firdous Mr. R D Banerjee Ms. Kuheli Gayen ...... for the petitioner Mr. S Bapuli Ms. Amita Gaur ...... for the State Mr. A R Pati Md. Jawwad ...... for the de facto complainant

1. Appellant is in custody for over a year. It is contended he is a college student and has been falsely implicated. He renews his bail prayer.

2. Learned lawyer for the State as well as the de facto complainant oppose the bail prayer.

3. We have considered the materials on record. Appellant was named in the FIR. He was also implicated in the statement of wife of the deceased before police and magistrate. He does not stand on the same footing with Soumen Kumar Rakshit who was not named either in the FIR or the statement of the victim's wife before police. Trial is in progress. Offences, if proved, would attract mandatory life imprisonment.

4. Under such circumstances, we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)