Sk Martaza And ANR v. State Of West Bengal

C.R.M. (DB) 971 of 2022 12.04.2022 Sl. 65 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Sagar Police Station Case No. 152 of 2020 dated 05.10.2020 under Sections 498A/304B/302/34 of the Indian Penal Code.

And In the matter of: Sk. Martaza & Anr.

....petitioner.

Mr. M. Chatterjee Mr. Partha Sarathi Mondal ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Partha Pratim Das Mrs. Manasi Roy ...for the State.

Leave granted to the learned advocate for the petitioner to correct the cause title.

Petitioners renew the prayer for bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody in excess of one year six months. The police filed charge-sheet. In fact, charges were framed and the matter stands committed for trial.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the son of the victim who implicates both the petitioners in the offences.

In his statement, the son of the victim implicates both the petitioners in the act of pouring kerosene oil and setting the victim on fire.

In such circumstances, considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to enlarge the petitioners on bail.

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

C.R.M. (DB) 971 of 2022 is dismissed.

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