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Calcutta High CourtCRM (DB)/1695/2022rejected

Swapan Biswas@Swapan Kumar Biswas @ Sapan Biswas v. State Of West Bengal

2022-07-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

08.07.2022 cm/ct 28 C.R.M. (DB) No. 1695 of 2022 sl. no. 11 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ranaghat P.S Case No. 229 of 2021 dated 27.07.2021 under Section 302/201 & 120 (B) of the Indian Penal Code and & Section 25/27 of Arms Act.

Rejected And In Re : Swapan Biswas @ Swapan Kumar Biswas @ Sapan Biswas ..... petitioner Mr. Souvik Mitter Mr. Sumanta Das .... for the petitioner.

Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee .... for the State Mr. Kallol Mondal .... for the CBI Petitioner is in custody for more than six months. It is submitted that he has been falsely implicated in the instant case. Learned lawyer for the CBI opposes the prayer for bail. He submits petitioner had enmity with the deceased. He entered into conspiracy with Chand Biswas @ Chandan Biswas who was also acquainted with the deceased. Pursuant to such conspiracy, the victim Pradip Sarkar was murdered.

We have considered the materials on record including statements of witnesses recorded in the course of investigation. The witnesses disclose a close nexus between the petitioner and coaccused Chand Biswas. Chand Biswas was seen with the deceased prior to the incident. Petitioner was also seen in close association with the aforesaid Chand.

In view of the aforesaid incriminating materials on record and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)