Gulab Das v. State Of West Bengal
17.05.2022 Serial no.67 [Dd] (Bail Rejected) CRM (DB) 1271 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Chittaranjan Police Station Case No.
of 2021 dated 17.01.2021 under Sections 302/120B/34 of the Indian Penal Code and Sections 25/27 of the Arms Act.
-AndIn the matter of : Gulab Das ... ...Petitioner Mr. Ayan Bhattacharjee, Mr. Tirupati Mukherjee, Advocates ... ... For the Petitioner Mr. Neguive Ahmed, ld. APP Ms. Trina Mitra, Advocates ... ...For the State Petitioner renews the prayer for bail.
Learned advocate appearing for the petitioner submits that subsequent to earlier order of rejection on February 1, 2022 passed in CRM (DB) 157 of 2022 another co-accused was granted bail by this Hon'ble Court. He submits that the petitioner stands on the same footing as that of such co-accused.
Learned Additional Public Prosecutor refers to the statement of one eye-witness recorded under Section 161 of the Criminal Procedure Code.
Such eye-witness recorded statement under Section 161 of the Criminal Procedure Code states that the petitioner was the person who shot the victim. Considering the materials in the case diary implicating the petitioner and considering the statement of the eye-witness recorded under Section 161 of the Criminal
Procedure Code, we are not inclined to grant bail to the petitioner.
Prayer for bail of the petitioner is rejected. CRM (DB) 1271 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)