Surajit Mallick @ Tubai v. State Of West Bengal

13.02.2023 tkm/ct 28 CRM (DB) 592 of 2023 sl no.52 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Uttarpara Police Station Case No. 372 of dated October 12, 2022 under Sections 341/323/325/307/34/302 of the IPC.

And In Re : Surajit Mallick @ Tublai ........ petitioner Mr. Navanil De, Mr. Rajeshwar Chakraborty, Mr. Srinjan Ghosh, Mr. Subhrajit Dey, Mr. Monami Mukherjee, ...... for the petitioner Mr. Neguive Ahmed, Mr. Trina Mitra, ...... for the State Heard learned lawyers for the parties.

The petitioner was a member of unlawful assembly who had accosted the victim and assaulted him. The victim made a dying declaration which was electronically recorded. There are other materials implicating the petitioner in the crime too. Under such circumstances, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)