Vicky Kumar v. State Of West Bengal

Kole 26.07.2021 Ct. No.32 Rejected C.R.M. 3067 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 26/03/2021 in connection with Bankura Police Station Case No. 59 of 2020 dated 15/03/2020 corresponding G. R. No. 228 of 2020 under Sections 395/397/412 of the Indian Penal Code. And In the matter of: - Vicky Kumar ....petitioner.

Mr. S. Khan ...for the petitioner.

Mr. S. Ghosh, Mr. B. Banerjee, Mr. A. K. Datta ...for the State.

The petitioner is one of 12 accused persons. 11 persons have been arrested and one is lodged in Beur Correctional Home, Bihar.

The allegation is that the accused persons posed as Income Tax Officers, entered the house of the defacto complainant, injected the wife of the defacto complainant with some medicine causing her to become semi-unconscious and then committed dacoity. The present petitioner was identified by the wife of the defacto complainant in T.I. Parade. Learned Advocate for the petitioner submits that five out of the other accused persons have been granted bail by the learned Trial Court. However, it is pointed out by learned Advocate for the prosecution that those five persons were not identified by anybody. Accordingly the petitioner does not stand in the same-footing with those five persons.

We have seen the material in the case diary produced by the prosecution.

Considering the nature and gravity of the offence that the petitioner has been charged with and the possibility of his complicity in the commission of the crime and also the possibility of absconding, if enlarged on bail since he hails from Bihar, we are not inclined to grant bail at this stage. Accordingly the prayer for bail is rejected.

CRM No. 3067 of 2021 is, thus, dismissed.

( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )