Kamal Hasan v. State Of West Bengal

16-09-2021 (ct. no.32) SKB Dismissed CRM 4511 of 2021 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection G.R. Case No. 427 of 2019 arising out of Gazole Police Station Case No. 40 of 2019 dated 30.01.2019 under Section 498A/304B/34 of the Indian Penal Code.

A n d In the matter of : Kamal Hasan .... Petitioner.

Mr. Stoaroop Purakayasta, Mr. Sovan Dasgupta, Mr. Hamidur Rahaman ... For the petitioner.

Mr. S. G. Mukherjee, ld. P.P., Mr. Aniket Mitra ... For the State.

The petitioner is the husband of the victim. The charge is under Sections 498A/304B/34 of the Indian Penal Code. The petitioner says that he has no role to play in the death of the victim. He has been falsely implicated. He is languishing in custody for two years seven months.

We have seen the material on record including the dying statement of the victim, from where, the complicity of the petitioner, prima facie, appears. We have seen other statements of witnesses that are there in the case diary. We are of the view that the petitioner's complicity in the alleged offence cannot be ruled out. The offence is serious in nature. We are not inclined to allow the petitioner's prayer for bail at this stage.

Accordingly, the application for bail being CRM 4511 of 2021 is dismissed.

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )