Arup Biswas And ORS v. State Of West Bengal

12.07.2022 cm/ct 28 C.R.M. (DB) 2231 of 2022 sl. no. 31 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Mayureswar P.S Case No. 49 of 2022 dated 22.02.2022 under Sections 302/120B/34 of the Indian Penal Code, 1860.

Rejected And In Re : Arup Biswas & Ors.

..... petitioners Mr. Milon Mukherjee, Sr. Adv.

Mr. Sanjib Kumar Dan Mr. Saryati Datta Mr. Santanu Talukder ...... for the petitioners Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Dipankar Paramanick ...... for the State Mr. Kunal Ganguly .... for the De-facto complainant.

Petitioner Nos. 1 and 2 are in custody for 112 days and petitioner No.3 is in custody over 90 days. He submits investigation is complete.

Learned Additional Public Prosecutor for the State opposes the prayer for bail.

We have considered the materials on record. Fire arms were recovered on the leading statement of petitioner Nos. 1 and 2. Ballistic report shows that the bullet recovered from the body of the deceased matched with the said fire arms. It is contended that the copies of the CDRs has not supplied to the petitioner. Case diary shows that CDRs have been collected in the course of investigation and implicates petitioner No.3 in the crime.

In view of the aforesaid incriminating materials and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioners are rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)