Samir Dey v. State Of West Bengal

15.03.2024 Sl. No.31 akd [Rejected] C. R. M. (DB) 716 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.02.2024 in connection with Malipanchghora Police Station Case No.136 of 2022 dated 20.07.2022 under Sections 272/273/304/120B of the Indian Penal Code read with Section 46AA of the Bengal Excise Act and subsequently charge sheet submitted under Sections 272/273/302/307/326/328/120B of the Indian Penal Code read with Section 46AA of the Bengal Excise Act.

And In Re: Samir Dey ... ... Petitioner Mr. Mrityunjoy Chatterjee Mr. Tusar Hazra Mr. Arindam Poali ... ... for the petitioner Ms. Subhasree Patel ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than a year. He has been falsely implicated. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits twelve persons died due to consumption of illicit liquor. Others suffered serious injuries. Petitioner had supplied methyl alcohol which was used to manufacture illicit liquor.

3. We have considered the materials on record. Allegations are very serious and involve death of twelve persons due to consumption of illicit liquor. Seventeen witnesses have been examined. Prosecution assures this court that the remaining witnesses shall be examined shortly. Bail prayer of co-accused was rejected in March, 2024. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)