Utpal Das v. State Of West Bengal

23.08.2021 Item no.63.

Court No.32.

AB (Rejected) (Via Video Conference) CRM No. 4339 of 2021 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 23.06.2021 in connection with Santiniketan Police Station Case No.89 of 2020 Dated 18.6.2020 under Sections 302/120B of the Indian Penal Code And In the matter of : Utpal Das ......Petitioner.

Mr. Sanjib Kumar Dan, Mr. Saryati Datta ......for the Petitioner.

Mr. Ranabir Roychoudhury, Mr. Rudradipta Nandy ......for the State.

The petitioner is one of the two accused persons. The allegation is that the petitioner and his wife murdered the petitioner's father because of the father's refusal to write his property in the name of his son. The petitioner's prayer for bail was rejected by a Coordinate Bench of this Court by an order dated 8.3.2021 passed in CRM No.752 of 2021. The petitioner renews his prayer.

We have seen the material in the case diary including statements of witnesses recorded under Sections 164/161 of the Code of Criminal Procedure. Although there may not have been any eyewitness, the material on record is sufficiently

incriminating and prima facie indicates the involvement of the petitioner in the alleged offence.

Considering the facts and circumstances of the case and the earlier rejection of the petitioner's prayer for bail and thereafter, till now there being no significant change in circumstances, although charge sheet has been filed, we are not inclined to allow the petitioner's prayer for bail, at this stage. The prayer for bail stands rejected.

C.R.M. No.4339 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.)