Netai Halder v. State Of West Bengal

18.05.2022 Serial no. 77 Ct. No. 29 Aloke CRM (DB) 1310 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. 672 of 2021 dated 04.09.2021 under Sections 341/325/308 of the Indian Penal Code and adding Section 304 of the Indian Penal Code.

-AndIn the matter of : Netai Halder ... ... Petitioner Mr. Angshuman Chakraborty, Advocate ... ... For the Petitioner Ms. Zareen N. Khan, Advocate Mr. Md. Kutub Uddin, Advocate ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 257 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required. He submits that the victim was in hospital for about 14 days.

Learned Advocate appearing for the State draws the attention to the materials in the case diary including the statement recorded under Section 161 of the Code of Criminal Procedure of the two sons of the victim as well as one neighbour of the victim. The statement recorded under Section 161 of the Code of Criminal Procedure by the two sons of the victim as well as the neighbour the victim confided that the petitioner was the person who assaulted the victim.

Considering the gravity of the offence and the involvement of the petitioner as transpiring from the materials in the case dairy, we are unable to grant bail to the petitioner. CRM (DB) 1310 of 2022 is rejected.

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