Nitya Barai v. State Of West Bengal

17.04.2023 sdas rejected C.R.M. (DB) No. 1505 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 566 of 2021 dated 10.08.2021 under Sections 395/397 of the Indian Penal Code and subsequently chargesheet submitted under Sections 395/397/412 of the Indian Penal Code and Section 25(1)(a) of the Arms Act. And In Re : Nitya Barai ..... petitioner Mr. Prabir Majumder Mr. Snehansu Majumder ... for the petitioner Mr. Madhusudan Sur, learned APP Mr. Arabinda Manna ... for the State Learned Counsel for the petitioner submits he renews his prayer for bail. Balai Biswas was enlarged on bail. Learned Counsel for the State opposes the prayer for bail and submits petitioner was identified in the test identification parade.

We have considered the materials on record. Petitioner was identified in the test identification parade unlikely Balai Biswas who was not put up for test identification parade. Bail prayer of the petitioner was rejected earlier on merits. Under such circumstances, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

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