Samiran Bera v. The State Of West Bengal

22.

10.06.2024 Court No.28 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 1528 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with Chandipur Police Station Case No. 53 of 2024, dated 18.02.2024. And In the matter of: - Samiran Bera ...petitioner.

Mr. Swapan Kumar Mallick, Adv., Ms. Sudeshna Das, Adv., Mr. Abhinaba Mukherjee, Adv.

...for the petitioner.

Mr. Madhusudan Sur, Ld. APP, Mr. Kanchan Roy, Adv.

...for the State.

Mr. Susnigdho Bhattacharyya, Adv.

...for the de facto complainant.

The petitioner is one of the five accused persons. The allegation is that the petitioner called the victim for a picnic. Subsequently, it was reported to the victim's father that the victim's body was lying next to a pond. Upon the body of the victim being taken to the hospital, he was declared dead. The petitioner says that he has no connection with the alleged crime. He is in custody for 69 days. The FIR was lodged six days after the alleged incident. He is willing to co-operate with the Investigating Agency to the fullest. We have seen the material in the case diary including the statements of witnesses recorded. Investigation is yet to be Signed By :

TANMOY GHOSH High Court of Calcutta 11 th of June 2024 03:42:23 PM

completed. Further, four out of five accused persons are absconding.

On an overall assessment of the material on record and the gravity of the alleged offence as also the possible extent of complicity of the petitioner in the alleged offence and also because investigation is yet to be completed, we are not inclined to allow the petitioner's prayer for bail, at this stage. The prayer for bail is hereby rejected.

The application being CRM (DB) 1528 of 2024 is accordingly dismissed.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 11 th of June 2024 03:42:23 PM