Lalchand Mondal @Lalchand Mandal v. State Of West Bengal

31.03.2023 ct 28/tkm C.R.M. (DB) 1288 of 2023 sl no.61 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Hariharpara P.S, case no. 75 of 2021 dated 17.2.2021 under sections 341/326/307/302/120B/34 IPC and sections 25(i)(a)/27 of the Arms Act And In Re : Lalchand Mondal @ Lalchand Mandal ........ petitioner Mr. S Das Mahapatra Mr. T Gupta ...... for the petitioner Mr. N Ahmed Ms. Trina Mitra ...... for the State Petitioner is in custody for more than two years. He submits none of the prosecution witnesses have implicated him. He prays for bail.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Statement of one Anwar Sk. recorded under section 164 Cr.P.C discloses complicity of the petitioner in the murder. He has not yet been examined. Involvement of the petitioner in the offence is to be seen in the backdrop of the entire evidence on record and not on piecemeal basis.

Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, prayer for bail is rejected.

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