Shibprasad Kuilya @ Shib Prasad Kuillya v. State Of West Bengal

01.04.2022 Serial no.54 [Dd] (Bail Rejected) CRM (DB) 876 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Shyampur Police Station Case No. 275 of 2021 dated 10.07.2021 under Sections 302/34 of the Indian Penal Code. (G.R. No. 1565 of 2021) -AndIn the matter of : Shibprasad Kuilya @ Shib Prasad Kuillya ... ...Petitioner Mr. Debabrata Acharyya, Mr. Sital Samanta, Advocates ... ... For the Petitioner Mr. Neguive Ahmed, ld. APP Mr. Iqbal Kabir, Advocate ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the incident arose out of property dispute amongst family members. The petitioner is in custody for 263 days. The co-accused is on bail. The police filed charge sheet and, therefore, further detention of the petitioner is not required.

Learned Additional Public Prosecutor appearing for the State draws the attention of the Court to the statement of the eye-witness recorded under Section 164 of the Criminal Procedure Code implicating the petitioner. In her statement the eye-witness states that the victim was murdered by the petitioner.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that petitioner is the principal accused and the

petitioner stands on a different footing as that of other coaccused who was enlarged on bail, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 876 of 2022 is dismissed.

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