Shyamal Sarkar @ Biswas And ORS v. State Of West Bengal
17.02.2023 tkm/ct 28 C.R.M. (DB) 663 of 2023 sl no.35 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Karimpur P.S case no. 22 of 2022 dated 30.1.2022 under sections 279/338/325/307/427/34 IPC and added section 302 IPC And In Re : Shyamal Sarkar @ Biswas & Ors.
........ petitioners Mr. S Das Mahapatra Md. Amanul Islam Mr. Sourav Mukherjee ...... for the petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ...... for the State Bail prayer of petitioner no. 2 is not pressed and dismissed as not pressed.
We have considered the materials on record. Statements of witnesses implicate the petitioner nos. 2 and 3 in the murder. Their bail prayer was rejected earlier on merits. They do not stand on the same footing with the co-accuseds who are on bail. Hence, we are not inclined to grant bail to petitioner nos. 1 and 3 at this stage.
Accordingly, prayer for bail is rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)