Judhisthir Sardar v. State Of West Bengal

21.03.2022 Serial no.57 [Dd] (Bail Rejected) CRM (DB) 760 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Deganga Police Station Case No.

of dated 03.07.2021 under Sections 498A/406/304(B)/302/34 of the Indian Penal Code. -AndIn the matter of : Judhisthir Sardar ... ...Petitioner Mr. Kamalesh Chandra Saha, Advocate ... ... For the Petitioner Mr. Prasun Kr. Datta, Mr. Nirupam Dhali, Advocates ... ...For the State Mr. Sumanta Chakrabnorty, Advocate .. ...For the de facto complainant Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. He submits that the petitioner is in custody for 200 days. The police filed charge sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 161 of the Criminal Procedure Code. Prior to the succumbing of her injuries, the victim recorded a statement under Section 161 of the Criminal Procedure Code where, she names the petitioner as one of the assailant.

The victim died out of burn injuries. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the statement recorded under

Section 161 of the Criminal Procedure of the victim prior to her death, we are not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected. CRM (DB) 760 of 2022 is dismissed.

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