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Calcutta High CourtCRM/3672/2021dismissed

Nitay Chandra Das @ Nitai Chandra Das And Another v. State Of West Bengal

2021-08-19Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

rkd 19.08.2021 Ct. No.32 C.R.M. 3672 of 2021 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhagwangola P.S. Case No.

of dated 04/11/2020 under Sections 448/302/120B of the Indian Penal Code.

And In the matter of: - Nitay Chandra Das @ Nitai Chandra Das & Anr.

....petitioners.

Mr. Tapodip Gupta ...for the petitioners.

Mr. Mahdusudan Sur, Mr. Dipankar Paramanick ...for the State.

The petitioners are in custody for 287 days. Allegation against the petitioners is under Sections 302/448/120B of the Indian Penal Code. The petitioners submit that the present complaint was lodged on false grounds in retaliation to an earlier complaint filed by the petitioners against the defacto complaintant. The victim committed suicide. Charge sheet has been submitted.

The State opposes the prayer for bail and refers to a statement of an eyewitness recorded under Section 164 of the Code which specifically implicates both the petitioners. Allegation against the petitioner is grave. Petitioners are named in the first information report. We have considered the material on record. Bearing in mind the prima facie involvement of the petitioners in the alleged crime and in view of the gravity of the offence, we are not inclined to grant bail to the petitioners at this stage.

The application for bail is, thus, rejected.

CRM 3672 of 2021 is, accordingly, dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)