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Calcutta High CourtCRM (DB)/840/2022rejected

Samirul Mallick v. State Of West Bengal

2022-03-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

29.03.2022 Serial no. 55 Aloke Ct. No. 29 CRM (DB) 840 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Monteswar Police Station Case No. 155 of 2021 dated 29.04.2021 under Sections 498A/302/201/34 of the Indian Penal Code.

-AndIn the matter of : Samirul Mallick

...Petitioner

Mr. Atanu Biswas, Advocate ... ... For the Petitioner Mr. Partha Pratim Das, Advocate Ms. Manasi Roy, Advocates ... ...For the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 335 days. The police filed chargesheet and, therefore, further detention of the petitioner is not required. The parents of the petitioner were arrested and subsequently granted bail.

Learned Advocate appearing for the State submits that the body of the victim was found in a sack in the cowshed of the petitioner. The death of the victim was within seven months of the marriage. She refers to the statement of the neighbours recorded under Section 161 of the Code of Criminal Procedure. The postmortem report states that the death is consisting with compression of the neck by the ligature and antemortem in nature. The body of the victim was found in the cowshed of the petitioner and that too in a sack. It was in a decomposed state. There are statements of the neighbours implicating the petitioner. Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.

CRM (DB) 840 of 2022 is rejected.

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