Abhijit Dolui v. State Of West Bengal

24.03.2023 tkm/ct 28 C.R.M. (DB) 1099 of 2023 sl no.52 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kotulpur P.S case no. 303 of 2022 dated 16.11.2022 under sections 341/326/307/506/34 of the IPC and sections 25/27 of the Arms Act adding section 302 IPC And In Re : Abhijit Dolui ........ petitioner Mr. Tapas Ghosh Mr. T Chowdhury ...... for the petitioner Mr. M Sur Mr. D Paramanick ...... for the State Mr. Juin Dutta Chakraborty ...... for the de facto complainant Petitioner is in custody for 126 days. He submits he is not the principal assailant. He prays for bail.

Learned lawyer for the State opposes the bail prayer. Learned lawyer for the de facto complainant also opposes the bail prayer.

We have considered the materials on record. Statements of witnesses show petitioner and co-accused came in a motorcycle. Victim suffered gun-shot injuries and died.

In view of the aforesaid circumstances particularly the presence of the petitioner with the co-accused at the place of occurrence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, prayer for bail is rejected.

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