← Library
Calcutta High CourtCRM/4933/2021rejected

Rajkumar Ghosh @ Khauh Ghosh v. State Of West Bengal And ORS.

2021-12-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak1 pages

06.12.2021 tkm/ct 28 C.R.M. 4933 of 2021 sl no. 6 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Rampurhat P.S case no. 194 of 2020 dated 10.6.2020 under sections 144/325/326/307/302/506 of the IPC And In Re : Rajkumar Ghosh @ Khauh Ghosh ........ petitioner Mr. Saryati Datta ...... for the petitioner Ms. Sujata Das ...... for the State Petitioner prays for bail on the ground of parity. It is submitted that co-accused persons similarly situated with the petitioner have been enlarged on bail.

Learned lawyer for the State opposes the prayer for bail and submits that the petitioner does not stand on the same footing with co-accused persons who have been granted bail. We have considered the materials on record. There are prima facie materials connecting the petitioner with the alleged crime. That apart, prayer for bail of the petitioner was rejected by the court below on the ground that he threatened witnesses. Hence, he cannot claim parity with other accused persons who have been released on bail.

Thus, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)