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Calcutta High CourtCRM (DB)/1910/2022rejected

Raju Singh @ Raju Munda v. State Of West Bengal

2022-06-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

21.06.2022 cm/ct 28 C.R.M.(DB) No. 1873 of 2022 With CRM (DB) No. 1910 of 2022 sl no. 27 & 28 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bardhaman P.S Case No. 74 of 2019 dated 04.02.2019 under Sections 302/201/379/411/109/34 of the Indian Penal Code.

And Rejected In Re : Manabendra Chaki @ Manas ..... petitioner In Re : Raju Singh @ Raju Munda ..... petitioner Mr. Mrinal Kanti Biswas ...... for the petitioner in CRM(DB) No. 1873 of 2022 Mr. Avishek Sinha Ms. Anasuya Sinha ...... for the petitioner in CRM(DB) No. 1910 of 2022 Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...... for the State CRM(DB) No. 1873 of 2022 Mr. Binay Panda Ms. Puspita Saha ...... for the State CRM(DB) No. 1910 of 2022 Petitioners are in custody for 1226 days. It is contended that co-accused Biplab Ghosh @ Mohan is on bail. It is further contended that there is no direct evidence connecting the petitioners with the murder.

Learned laywers for the State submits that co-accused Biplab Ghosh @ Mohan had enmity with the deceased. He has hired the petitioners to murder the victim.

CDRs show telephonic conversation between Raju Singh @ Raju Munda ( petitioner in CRM (DB) No. 1910 of 2022) with the victim prior to the incident. Identity card of Raju Singh @ Raju Munda was recovered beside the

deceased at the place of occurrence and his motorcycle was also recovered. Weapon of offence was recovered from the leading statement of Manabendra Chaki @ Manas.

We have consider the materials on record. CDRs show telephonic conversations between the Raju Singh @ Raju Munda and the deceased. His identity card was also recovered from the place of occurrence. In view of the aforesaid materials on record, we are not inclined to grant bail to the said petitioner. With regard to Manabendra Chaki @ Manas (petitioner in CRM(DB) No. 1873 of 2022), we note on is leading statement weapon of offence was made. Though Biplab Ghosh @ Mohan is on bail, we are of the opinion in view of the aforesaid materials on record petitioners do not stand on the same footing with the coaccused. Hence, we are not inclined to grant bail to him. Trial court is directed to expedite the trial and conclude the same as expeditiously as possible without granting unnecessary adjournment to either of the parties.

Accordingly, the prayers for bail of the petitioners are rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)