Amit Kr Gupta v. State Of West Bengal

C.R.M. (DB) 625 of 2022 07.03.2022 Sl. 64 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.03.2022 in connection with Asansol (North) P.S. Case No. 256 of 2021 dated 30.08.2021 under Sections 302/201/120B of the Indian Penal Code.

And In the matter of: Amit Kumar Gupta ....petitioner.

Mr. Apurba Kumar Datta Mr. Gopal Chakrobarty ...for the petitioner.

Mr. Neguive Ahmed Ms. Trina Mitra ...for the State.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 180 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required. Learned Additional Public Prosecutor appearing for the State submits that there is a statement recorded under Section 164 of the Criminal Procedure Code of the eye-witness to the incident squarely implicating the petitioner and another co-accused. Considering the statement of the eye-witness recorded under Section 164 of the Criminal Procedure Code and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 625 of 2022 is dismissed.

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