Swet Choudhury @ Tenia v. State Of West Bengal

C.R.M. (DB) 2219 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in arising out of Dankuni P. S. Case No. 328 of dated 15.09.2022 under Sections 395/397/447/323/427/201/412/34/120B of the IPC and Sections 25/27 of the Arms Act.

And In the matter of: Swet Choudhury alias Tenia ....petitioner Mr. Sekhar Kumar Basu, Sr. Adv.

Mr. Abhijit Ganguly Mr. Shiladitya Banerjee Mr. Kushal Kumar Mukherjee ...for the petitioner.

Mr. Madhusudan Sur, APP Mr. Dipankar Paramanick ...for the State.

19.06.2023 Sl. 31 Court No.29 Suvayan (Rejected) 1.

Heard the learned Counsel for both the parties. 2.

The petitioner having been identified in the T.I. parade and stolen articles having been recovered from his possession, there is prima facie implication of the petitioner in the offence alleged.

3.

Mr. Basu, learned Senior Counsel appearing for the petitioner points out to some "ifs" and "buts" so far as the identification of the petitioner is concerned.

4.

We respectfully disagree with the submission on the ground that such submission may have legal force at the time of trial only.

5.

In view of such facts and submission and the gravity of the offence, we are not inclined to exercise our discretion in favour of the petitioner under Section 439 Cr.P.C at this stage.

6.

Accordingly, the prayer for bail of the petitioner is rejected. 6.

CRM (DB) 2219 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)