Ajoy Mandal v. State Of West Bengal

C.R.M. 6422 of 2020 14.09.2020 10.

Aloke/sg Court 8 (I.A. CRAN 01 of 2020) (Via Video Conference) In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 26.08.2020 in connection with Beliatore P.S. Case No. 83 of 2019 dated 07.11.2019 under Sections 302 and 120(b) of the Indian Penal Code. And In the matter of: Ajoy Mandal & Anr.

Mr. N.N. Ray ... for the Petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State The petitioners undertake to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

CRAN 1 of 2020 is, accordingly, disposed of.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are in custody for about 313 days. The principal conspirator in this case has been granted bail by the learned trial court.

Learned counsel appearing on behalf of the State strongly opposes the prayer for bail and he relies on the statement under Section 164 of the Code of a person who had seen the present petitioners try to flee away after the occurrence. In fact, the two accused were caught by the villagers soon thereafter. Considering the roles ascribed against the present

petitioners and in view of the fact that charges have not been framed yet, we are not inclined to grant bail to the petitioners. The application for bail is, accordingly, rejected at this stage.

(Jay Sengupta,J.) (Soumen Sen, J.)