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Calcutta High CourtCRM/5809/2020rejected

Sanatan Soren & ORS v. State Of West Bengal

2020-09-03Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

rkd 03.09.2020 Ct. No.16 C.R.M. 5809 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ghatal P.S. Case No. 77 of dated 17/03/2019 under Sections 323/325/307/354B/302/120B/34 of the Indian Penal Code. And In the matter of: - Sanatan Soren & Ors.

....petitioners.

Mr. P. Mitra ...for the petitioners.

Mr. M. Sur, Mr. A. Mitra ...for the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Petitioners are in custody for more than twenty months. It is submitted that co-accused persons have been granted bail. Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that prayers for bail of other accused persons have been rejected earlier.

We have considered the materials on record. There is specific allegation against the petitioners in murdering a tribal lady suspecting her a witch. Petitioners do not stand on the same footing with the co-accused persons who have been granted bail. On the other hand prayers for bail of the petitioners were rejected earlier. In view of the aforesaid facts and the gravity of

the offence, we are not inclined to grant bail to the petitioners. The application for bail is, thus, rejected.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)