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Calcutta High CourtCRM (DB)/1074/2023rejected

Bipad Mondal @ Raj v. State Of West Bengal

2023-03-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

30.03.2023 sdas rejected C.R.M. (DB) No. 1074 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ashoknagar Police Station Case No. 781 of 2020 dated 31.10.2020 under Sections 302/201/34 of the Indian Penal Code.

And In Re : Bipad Mondal @ Raj ..... petitioner Mr. Sumanta Chakraborty ... for the petitioner Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ... for the State Learned Counsel for the petitioner submits he is in custody for more than two years. It is also submitted coaccuseds are on bail. He renews his bail prayer. Learned Counsel for the State opposes the bail prayer and submits petitioner is the principal accused. Body of the deceased was recovered from his septic tank.

We have considered the materials on record. Petitioner is the principal accused. Dead body was recovered from the septic tank of the petitioner. He does not stand on the same footing with the co-accused who are on bail. Case has been committed to the Court of Sessions. In view of gravity of the offence and other incriminating evidence collected against the petitioner, we are not inclined to grant bail to him at this stage. The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)