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Calcutta High CourtCRM (DB)/1802/2022rejected

Ranjit Biswas @ Sarkar And Others v. State Of West Bengal

2022-06-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

17.06.2022 cm/ct 28 C.R.M.(DB) No. 1802 of 2022 sl no. 41 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Karimpur P.S Case No. 22 of 2022 dated 30.01.2022 under Section 279/338/325/307/427/34 of the Indian Penal Code and adding Section 302 of the Indian Penal Code And Rejected In Re : Ranjit Biswas @ Sarkar & Ors.

..... petitioners Mr. Sandipan Ganguly, Ld. Sr. Adv Ms. Karabi Roy ...... for the petitioners Mr. Neguive Ahmed, Ld. A.P.P.

Mr. Ikbal Kabir ...... for the State Petitioner Nos. 1 to 3 are in custody for 130 days, petitioner No. 4 is in custody for 62 days and petitioner No. 5 is in custody for 107 days. Senior counsel for the petitioners submit that there was a road traffic accident and petitioner No.5 also suffered injury. Victim suffered injury in the course of accident and admitted in hospital. After a couple of days, he died. It is also contended initial injury report of the victim does not disclose external injuries. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including statement of the person who was driving the motor cycle wherein deceased was a pillion rider. The said witness implicates all the petitioners in the assault of the victim resulting in his death. In view of aforesaid facts and gravity of the offence, we are of the opinion this is not a fit case to grant bail to the petitioners at this stage.

The application being CRM(DB) No. 1802 of 2022 is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)