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Calcutta High CourtCRM (DB)/574/2022dismissed

Madhab Maji v. State Of West Bengal

2022-03-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

01.03.2022 Serial no.47 Aloke Ct. No. 29 CRM (DB) 574 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 23.02.2022 in connection with Khanakul Police Station Case No. 436 of 2021 dated 14.11.2021 under Sections 341/325/326/307/302/506/120B of the Indian Penal Code. -AndIn the matter of : Madhab Maji ... ...Petitioner Mr. Sauddhadeb Adak, Advocate ... ... For the Petitioner Mr. Sudip Ghosh, Advocate Mr. Apurba Kr. Datta, Advocate ... ... For the State Petitioner prays for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 104 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required. He submits that there was a free fight. Learned Advocate appearing for the State submits that the petitioner entered his own house in an inebriated state and assaulted his mother and sister. The victim tried to intervene whereupon the petitioner murdered the victim. He refers to the statement recorded under Section 161 as well as Section 164 of the Code of Criminal Procedure. He submits that there are various eye witnesses to the incident.

Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.

CRM (DB) 574 of 2022 is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)