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Calcutta High CourtCRM (DB)/2376/2022rejected

Sujan Mondal v. State Of West Bengal

2022-07-26Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

26.07.2022 cm/ct 28 C.R.M. (DB) No. 2376 of 2022 sl. no. 14 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Hingalganj P.S Case No. 43 of 2022 dated 12.03.2022 under Section 302 of the Indian Penal Code. Rejected And In Re : Sujan Mondal ..... petitioner Mr. Kallol Kumar Basu Mr. Jannat ul Firdous Ms. Tithi Mazumder ...... for the petitioner Mr. Saibal Bapuli, Ld. A.P.P.

Mr. Bibaswan Bhattacharya ...... for the State Mr. Sujay Chakraborty Mr. Satadru Lahiri .... for the De-facto complainant.

Report is kept with the record.

Petitioner is in custody for 107 days. He submits there is no direct evidence connecting him with the crime. He prays for bail. Learned lawyer for the State opposes the prayer for bail. He submits petitioner had motive to commit the crime. He had frequent conversations with the principal accused who had murdered the deceased.

Learned lawyer for the de-facto complainant also opposes the prayer for bail.

We have considered the materials on record including statements of witnesses which show petitioner had motive to commit the crime. CDRs produced before us show conversation between the petitioner and co-accused prior to the occurrence prima facie establishing his complicity in the murder.

Under such circumstances and in view of the gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected at this stage.

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