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Calcutta High CourtCRM/4728/2021dismissed

Bikash Chandra Mondal v. State Of West Bengal

2021-09-28Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

27.

28.09.2021 Ct.32 Tanmoy Rejected C.R.M. 4728 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 14/07/2021 arising out of Hemnagar Coastal Police Station Case No. 03 of 2021 dated 06/01/2021 under Sections 302/376/201 of the Indian Penal Code.

And In the matter of: - Bikash Chandra Mondal ...petitioner.

Mr. Bikash Kumar Chatterjee, Ms. Soma Chowdhury (Bandhu), Ms. Rima Mishra ...for the petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee ...for the State.

The petitioner says that the victim used to work as a domestic help in his house. The victim's dead body was recovered near his house. He has no complicity in the alleged offence. He is in custody for 196 days. Charge-sheet has been submitted upon completion of investigation.

We have seen the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure. The statements indicate that the petitioner made obscene suggestions to the victim and upon the victim not agreeing thereto, the petitioner took revenge.

Considering the prima facie involvement of the petitioner in the alleged offence and the gravity of the offence, although charge-sheet may have been submitted, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

Accordingly, the application for bail being C.R.M. 4728 of 2021 is dismissed.

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