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Calcutta High CourtCRM (DB)/2329/2023rejected

Jhantu Dolui v. State Of West Bengal

2023-07-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.07.2023.

28.

Ct.No.28 as (Rejected) C.R.M. (DB) 2329 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Arambagh P. S. Case No.296 of 2019 dated 22.07.2019 under Sections 302/201/120B/34 of the Indian Penal Code.

In the matter of : Jhantu Dolui.

... Petitioner.

Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Mr. Sourav Mondal.

...for the Petitioner.

Ms. Zareen N. Khan, Md. Kutubuddin.

...for the State.

Petitioner renews his bail prayer.

He submits eyewitnesses claimed that they had been tutored by police. He prays for bail.

Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Bail prayer of the petitioner was rejected on merits earlier. Probative value of the evidences requires to be assessed as a whole and in the light of the other attending circumstances culling out a single sentence during cross-examination is not advisable. Hence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)