← Library
Calcutta High CourtCRM (DB)/864/2024rejected

Arzoo Malick @ Arju Malik v. The State Of West Bengal

2024-03-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

19.03.2024 Sl. No.68 akd [Rejected] C. R. M. (DB) 864 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.03.2024 in connection with Adra Police Station Case No.51 of 2023 dated 23.06.2023 under Sections 302/307/120B/34 of the Indian Penal Code and Sections 25/27/35 of the Arms Act. (G.R. Case No.413 of 2023) And In Re: Arzoo Malick @ Arju Malik @ Arzoo Mallik @ Arzu Mallick ... ... Petitioner Mr. Debopriyo Karan ... ... for the petitioner Mr. Soumik Ganguli ... ... for the State

1. It is submitted on behalf of the petitioner that there is no direct evidence connecting him with the murder. It is further submitted petitioner has been falsely implicated. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits petitioner is the conspirator and had supplied arms to commit murder. Firearm recovered from the petitioner matched with the bullet recovered from the body of the deceased.

3. We have considered the materials on record. Firearm recovered from the petitioner matched with the bullet recovered from the body of the deceased. The aforesaid clinching material implicates the petitioner in the conspiracy to murder the victim. Under such circumstances and in view of the gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected.

5. Trial court is directed to expedite the trial and conclude the same at an early date.

Signed By : ARUP KUMAR DAS High Court of Calcutta 21 st of March 2024 04:24:00 PM

6. Parties shall communicate a copy of this order to the trial court for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 21 st of March 2024 04:24:00 PM