Ashoke Roy @ Ashok Ray v. State Of West Bengal

02.05.2022 Serial no.48 [Dd] (Bail Rejected) CRM (DB) 1154 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 386 of 2020 dated September 1, 2020 under Sections 341/326/307/302/120B/34 of the Indian Penal Code and Sections 25/27 of Arms Act, 1959.

-AndIn the matter of : Sri Ashoke Roy @ Ashok Ray ... ...Petitioner Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioner Mr. Neguive Ahmed, ld. APP Ms. Trina Mitra, Advocates ... ...For the State Petitioner seeks bail on the ground of parity with that of other co-accuseds who were enlarged on bail by this Hon'ble Court.

Learned Additional Public Prosecutor submits that in the dying declaration, the victim identified the petitioner as one of the assailants. He submits that the petitioner cannot place himself on the same footing as that of the other coaccused who was enlarged on bail. There is a dying declaration of the victim naming the petitioner as one of the assailants.

Consequently, the petitioner herein does not stand on the same footing as that of the other persons who were enlarged on bail by this Honb'ble Court.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the

materials in the case diary, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 1154 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)