Biswanath Das @Bisu@Pokka v. State Of West Bengal
28.06.2021 (Via Video Conference) CRM 2822 of 2021 Court No. 28 Item No. 54 Suvayan/sb In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 18.03.2021 in connection with Santipur Police Station Case No. 19 of 2021 dated 07.01.2021 under Sections 341/325/326/307/506 of the Indian Penal Code. and In the matter of: Biswanath Das @ Bisu @ Pokka ...... Petitioner Mr. Amanul Islam, Advocate Mr. Sourav Mukherjee, Advocate ......for the Petitioner Mr. Saibal Bapuli, Ld. APP Mr. Zareen N. Khan, Advocate Ms. Sreeparna Das, Advocate ...... for the State (bail rejected) Advocate-on-record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.
The petitioner has filed the instant application for bail in connection with Santipur Police Station Case No. 19 of 2021 dated 07.01.2021 under Sections 341/325/326/307/506 of the Indian Penal Code.
Learned advocate for the petitioner submits that he has been falsely implicated in this case and he is in custody for 168 days, more so, charge-sheet in this case has already been submitted for which, further detention is no longer necessary. Learned advocate for the State raises objection drawing our attention to the injury report wherefrom it is seen that the victim sustained stab injury giving rise to his puncture injury in his right
side chest. More so, the weapon with which the offence was committed has already been recovered on the leading statement of the petitioner.
Having considered the submissions of both sides and bearing in mind the recovery of the weapon, with which the offence was committed and also the seriousness of injury suffered by the petitioner, we are not inclined in granting bail to the petitioner. Accordingly, the prayer for bail is rejected. The application being CRM 2822 of 2021 accordingly dismissed.
(Harish Tandon, J.) (Subhasis Dasgupta, J.)