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Calcutta High CourtCRM/5627/2021dismissed

Subrata Das v. State Of West Bengal

2022-02-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. 5627 of 2021 16.02.2022 Sl. 34 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.08.2021 in connection with Khejuri P.S. Case No. 137 of 2021 dated 05.05.2021 under Sections 448/376D/328/307 added Section 4(1) w (i) of S.C. & S.T. (Prevention of Atrocities) Amendment Act, 2015. And In the matter of: Sri. Subrata Das ....petitioner.

Mr. Ritam Chowdhury Mr. Ashis Agarwal ...for the petitioner.

Mr. Neguive Ahmed Mr. Debabrata Chatterjee Mrs. Manasi Roy ...for the State.

Mr. Y. J. Dastoor, Ld. ASG Mr. Phiroze Edulji Mr. Samrat Goswami ...for the CBI.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 224 days. The police filed chargesheet and further detention of the petitioner is not required. Learned Additional Solicitor General draws the attention of the Court to the contents in the case diary. He draws the attention of the Court to the order dated January 17, 2022 passed in CRM 8418 of 2021 in respect of another co-accused whose prayer for bail was rejected.

He submits that the petitioner is named in the statement recorded under Section 164 of the Criminal Procedure Code. Considering the materials in the case diary including the statement recorded under Section 164 of the Criminal Procedure Code and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. 5627 of 2021 is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)