Vikram Gupta v. State Of West Bengal

16.06.2022 cm/ct 28 C.R.M.(DB) No. 1790 of 2022 sl no. 63 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Malipanchghora P.S Case No. 35 of 2021 dated 27.02.2021 under Sections 302/506/120B of the Indian Penal Code.

And Rejected In Re : Vikram Gupta ..... petitioner Mr. Sandipan Ganguly, Ld. Sr. Adv.

Mr. Soumya Basu Roy Chowdhuri ...... for the petitioner Mr. Syed Shaid Iman Mr. R. Das Mr. S. Khan .... for the De-facto complainant.

Mr. Madhusudan Sur, Ld.A.P.P.

Mr. Dipankar Paramanick ...... for the State It is submitted on behalf of the petitioner that he is not the assailant. He has been falsely implicated in the case out of mere suspicion. Co-accuseds are on bail.

Learned counsel appearing for the State submits petitioner had a quarrel with the deceased and the assailant took his name at the time when shot the victim.

Learned lawyer for the de-facto complainant also opposes the prayer for bail.

We have considered the materials on record. Statement of eye witnesses recorded under Section 164 Cr.P.C. which shows prior enmity between the petitioner and the deceased. Co accused who shot at the victim exhorted that he was acting at the behest of the petitioner.

Keeping in mind the aforesaid incriminating facts, we are of the opinion petitioner does not stand on the same footing with co accuseds who have been enlarged on bail.

Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner.

The application being CRM(DB) No. 1790 of 2022 is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)