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Calcutta High CourtCRM/5587/2021dismissed

Jhantu Roy v. State Of West Bengal

2021-12-01Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

01.12.2021 Court No.32 Item No. 150 Krishnendu Bail Rejected C.R.M. 5587 of 2021 (Via video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Manikchak Police Station Case No. 16 of 2021 dated 11.01.2021 under section 302 of the Indian Penal Code, 1860 .

And In re: Jhantu Roy

...Petitioner

Ms. Minoti Gomes Mr. Imdadul Hoque ... For the Petitioner Mr. Saibal Bapuli, ld. A.P.P.

Mr. Arani Bhattacharyya ...For the State Ms. Gomes, learned advocate appearing for the petitioner submits that the petitioner has been roped in on the basis of mere suspicion. The allegations levelled are in the abstract. Upon completion of investigation, charge sheet has been submitted and the petitioner has already suffered long incarceration for about eleven months and in view thereof, the petitioner may be enlarged on bail on any stringent condition. Mr. Bapuli, learned Additional Prosecutor appearing for the State, opposes the petitioner's prayer and draws our attention to the statement of the daughter of the petitioner, as recorded under section 164 of the Code of Criminal Procedure and the seizure list.

Having heard the learned advocates appearing for the respective parties and considering the materials on record,

including the statement of the petitioner's daughter, as recorded under section 164 of the Code of Criminal Procedure, the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in his favour and as such his prayer for bail is refused at this stage.

The application for bail, being CRM No. 5587 of 2021, is, accordingly, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)