← Library
Calcutta High CourtCRM (DB)/532/2023rejected

Barun @ Choton Mandal @ Barun Mandal v. State Of West Bengal

2023-02-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

09.02.2023.

17.

Ct.No.28 as (Rejected) C.R.M. (DB) 532 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No.1546 of 2022 dated 13.10.2022 under Sections 498A/304B/302 of the Indian Penal Code and charge sheet submitted under Sections 498A/304B/302/34 of the Indian Penal Code.

In the matter of : Barun @ Choton Mandal @ Barun Mandal. ... Petitioner.

Mr. Kallol Mondal, Mr. Musharraf Alam Sk, Mr. Krishan Ray, Mr. Souvik Das, Mr. Ayan Mondal.

...for the Petitioner.

Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Aniket Mitra.

...for the State.

Petitioner is in custody for 136 days. He submits case has not been committed. He prays for bail.

Learned advocate for the State opposes the bail prayer. He submits victim housewife was brutally murdered at the matrimonial home.

We have considered the materials on record. Petitioner is the husband of the housewife. She was found dead at the matrimonial home. Post mortem report shows her scalp was fractured and the death was homicidal.

In view of the gravity of the offence and the prima facie involvement of the petitioner therein, we are not inclined to grant bail to the petitioner.

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

Trial court is requested to commit the case to the Court of Sessions at the earliest without granting any unnecessary adjournment to either of the parties.

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