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Calcutta High CourtCRM (DB)/1427/2023rejected

Kalu Mahaldar @ Kalua v. State Of West Bengal

2023-04-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

11.04.2023 tkm/ct 28 C.R.M. (DB) 1427 of 2023 sl no.55 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Pukhuria PS case no. 427 of 2022 dated 4.10.2022 under sections 448/323/325/307/34 IPC added section 302 IPC And In Re : Kalu Mahaldar @ Kalua ........ petitioner Ms. M Gomes Mr. M Alam Sk Ms. S Ghorai ...... for the petitioner Ms. Z N han Md. Kutubuddin ...... for the State Heard learned lawyer for the parties.

We have considered the materials on record. Petitioner had struck the victim on the head. As a result victim died. He does not stand on the same footing with Lalchan Mahaldar who is on bail. Keeping in mind the principal role of the petitioner in the murder and gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, prayer for bail is rejected.

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