Sheo Sankar Bharati v. State Of West Bengal

23-08-2021 (ct. no.32) KOLE CRM 4317 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhatpara Police Station Case No. 366 of 2020 dated 25.09.2020 under Sections 506/34 of the Indian Penal Code. - A n d - In the matter of : Sheo Sankar Bharati .... Petitioner.

Mr. Debasis Kar, Mr. H. Mustfi, Mr. S. Chowdhury, ... For the Petitioner.

Mr. M Sur, Ld. APP Mr. D. Pramanick, ... For the State.

The petitioner renews his prayer for bail. His earlier prayer was rejected by an order dated March 3, 2021 passed in CRM 585 of 2021.

The petitioner submits that he has been falsely implicated and there is no specific overt-act attributed to him in the alleged offence. Co-accused persons have been granted bail earlier. Charge sheet has been submitted. The State opposes the prayer for bail and refers to statements of witnesses in the case diary recorded under Sections 164/161 of the Code. The State also submits that the petitioner does not stand on the same footing as the coaccused who were enlarged on bail earlier. We have considered the material in the case diary. The allegation against the petitioner is grave. A Coordinate Bench of this court rejected the prayer of the petitioner as recently as on March 3, 2021 after taking into consideration

the material in the case diary, gravity of the offence as well as prima facie involvement of the petitioner in the alleged offence. There is no substantial change in circumstances which would warrant a favourable order at this stage. The prayer for bail is rejected.

CRM No. 4317 of 2021 is accordingly dismissed. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )