Shibram Kumar v. State Of West Bengal

09.07.2021 Court No.5 SL No.17 AP/ss CRM 2377 of 2021 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotshila P.S. Case No.79 of 2020 dated 28.10.2020 under Sections 341/302/34 of the Indian Penal Code. And In the matter of: Shibram Kumar ....Petitioner.

Mr. F. Banerjee ...for the Petitioner.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State.

The petitioner is one of the three accused persons in Kotshila P.S. Case No.79 of 2020 dated 28.10.2020 under Sections 341/302/34 of the Indian Penal Code. Two of the accused persons including the petitioner are in custody. One of the co-accused persons is absconding. We have perused the case diary and the material therein. We have seen the statements of eyewitnesses recorded under Sections 161 and 164 of the Code of Criminal Procedure. The statements are consistent. The offending weapon was recovered pursuant to the statement made by the present petitioner. We have also seen the post-mortem report. Having considered the material on record and the nature and gravity of the alleged offence, we are not inclined to allow this application, at this stage.

CRM 2377 of 2021 is accordingly disposed of.

[Arijit Banerjee, J.] [Arindam Mukherjee, J.]