Subhas Jana v. State Of West Bengal

21.03.2023 Sl. No.25 akd [Rejected] C. R. M. (DB) 731 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.02.2023 in connection with Pingla Police Station Case No.129 of 2021 dated 02.05.2021 under Sections 341/302/379/34 of the Indian Penal Code. (G.R. Case No.1204 of 2021) And In Re: Subhas Jana ... Petitioner Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das Mr. Shamsher Ansari Mr. Ayan Mondal ... for the petitioner Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ... for the State It is submitted on behalf of the petitioner that he is in custody for more than two years. Co-accuseds have been enlarged on bail. Learned Advocate for the State opposes the prayer for bail and submits delay is due to abscondence of co-accused. We have considered the materials on record.

Statements of witnesses recorded under Section 164 of the Code of Criminal Procedure disclose involvement of the petitioner in the murder. Recovery was also made from him. Co-accuseds who have been enlarged on bail do not stand on the same footing with the petitioner. Delay in the matter is due to abscondence of co-accused. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

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