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Calcutta High CourtCRM (DB)/1787/2024rejected

Ramesh Santra And ANR v. The State Of West Bengal

2024-06-20Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

56.

20-06-2024 (ct. no.28) debajyoti (rejected) CRM (DB) 1787 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No.10 of 2024 dated 04-01-2024 under Sections 341/302/34 of the Indian Penal Code. - A n d - In the matter of : Ramesh Santra & Anr.

.... Petitioners.

Mr. Prabir Majumdar ... For the Petitioners.

Mr. Prasun Kumar Dutta, learned APP, Ms. Paramita Sahu ... For the State.

The allegation is that the present petitioners and their father, Paresh, badly assaulted and murdered the victim when he was coming back from the market. The petitioners say that they are in custody for 168 days. They have no role to play in the alleged incident. Their father is the prime accused. They should be released on bail. Charge sheet has been filed upon completion of investigation.

Learned advocate for the State opposes the prayer for bail. He draws our attention to statements of eye-witnesses recorded under Section 161 of the Code of Criminal Procedure which are to the effect that when the victim was returning from the bazaar, the petitioners and their father assaulted the victim and then ran away with a bhojali which was in the hands of Paresh.

We are told that Paresh is absconding.

On an assessment of the material on record, we find prima facie involvement of the petitioners in the alleged incident. The charge is of serious nature. We are not inclined to enlarge the petitioners on bail, at this stage. Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of June 2024 06:12:08 PM

The application for bail being CRM (DB) 1787 of 2024 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

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

DEBAJYOTI DAS High Court of Calcutta 24 th of June 2024 06:12:08 PM