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Calcutta High CourtCRM (DB)/975/2022dismissed

Jhantu Arui And ORS v. State Of West Bengal

2022-04-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

13.04.2022 Serial no.51 Aloke Ct. No. 29 CRM (DB) 975 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 08.04.2022 in connection with Bhupatinagar P.S. Case No. 142 of 2020 dated 21.09.2020 under Sections 448/325/307/302/34 of the Indian Penal Code. -AndIn the matter of: Jhantu Arui & Ors.

... ...Petitioners Mr. Rupsa Sreemani, Advocate ... ... For the Petitioners Mr. Neguive Ahmed, ld. APP Ms. Trina Mitra, Advocate ... ... For the State Petitioners renew the prayer for bail.

Learned Advocate appearing for the petitioners submits that the petitioners are in custody for 570 days. Subsequent to the earlier order of rejection of the prayer for bail of the petitioner, other co-accused were enlarged on bail. The victim died out of natural causes. All injuries suffered by the other victims were simple in nature.

Learned Advocate appearing for the State draws the attention to the statement of the eye witness recorded under Section 164 of the Code of Criminal Procedure. In the statement recorded under Section 164 of the Code of Criminal Procedure all the three petitioners herein are named as the persons involved in the incident. Considering the gravity of the offence and the involvement of the petitioners as transpiring from the materials in the case diary, we are unable to grant bail to the petitioner.

CRM (DB) 975 of 2022 is rejected (Debangsu Basak, J.) (Bibhas Ranjan De, J.)