Debasis Nayek v. State Of West Bengal

29.03.2022 C.R.M. (DB) 821 of 2022 (AD) Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with S.C. Case No.16 of 2022 arising out of Penro P.S. Case No.180 of 2021 dated 30/10/2021 under Sections 302/201 of the Indian Penal Code, 1860. Charge Sheet bearing No.4 of 2022 dated 24.01.2022 under Sections 302/201/212/34 of the Indian Penal Code, 1860.

And (Rejected) In the matter of: Debasis Nayek ....petitioner.

Mr. Syed Shamsul Arefin Ms. Kaniz Kulsum ...for the petitioner.

Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ... for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 150 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required. There is hardly any possibility of the trial progressing as one of the accused is absconding. The charges are yet to be framed.

Learned Advocate appearing for the State draws the attention of the Court to the statements of the two eyewitnesses recorded under Section 164 of the Code of Criminal Procedure. She submits that the petitioner is squarely involved in the incident of murder.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials available in the case diary, we are unable to grant bail

to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 821 of 2022 is dismissed.

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