Hayat Ali And ANR v. State Of West Bengal

31.08.2021 Item no. 34 Court No.32.

S.De.

(rejected) (Via Video Conference) CRM 2779 of 2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 17.03.2021 in connection with Harishchandrapur Police Station Case No. 755 of 2020 dated 02.11.2020 under Sections 302/201/34 of the Indian Penal Code.

And In the matter of : Hayat Ali & Anr.

......Petitioners.

Ms. Sujata Das, Advocate, ......for the Petitioners.

Mr. Saibal Bapuli, Ld. A.P.P., Mr. Bibaswan Bhattacharyya, Advocate, ......for the State.

The petitioner no.1 is the son of the victim. The petitioner no.2 is the grandson of the victim. The petitioners say that they have been falsely implicated in this case. They had no role to play in the death of the victim. The State says that the petitioners had a fight with the victim over the issue of grabbing the victim's land. The petitioners inflicted multiple injuries on the victim with sharp cutting weapon.

We have seen the post-mortem report and the statements of witnesses. The offending weapon was recovered from the room of the petitioner no.1 pursuant to information furnished by him.

On an overall consideration of the nature and gravity of the offence and the material on record, and the fact that trial is due to start shortly, we are not inclined to enlarge the petitioners on bail, at this stage.

Accordingly, CRM 2779 of 2021 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)