Nakul Sardar v. State Of West Bengal

13.07.2022 Sl. No.25 akd [Rejected] C. R. M. (DB) 2261 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.07.2022 in connection with Kotwali Police Station Case No. 827 of 2021 dated 22.08.2021 under Section 302 of the Indian Penal Code.

And In Re: Nakul Sardar ... ... Petitioner Mr. Sataroop Purukayastha Mr. Amanul Islam Mr. Sourav Mukherjee Ms. Sabera Khatun ... ... for the petitioner Mr. Joydeep Roy Mrs. Sujata Das ... ... for the State Heard learned advocate appearing for both the parties. We have considered the materials on record. Statements of eyewitnesses show petitioner had assaulted his father who succumbed to his injuries. Plea that the petitioner had acted on the spur of the moment owing to ill-treatment meted out to his mother by the victim needs to be thrashed out during trial. Keeping in mind the incriminating materials on record and gravity of the offence, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage. The application for bail is thus rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)