Rabi Arui @ Robi Arui @ Rabindranath Arui v. State Of West Bengal

21.07.2022 cm/ct 28 C.R.M. (DB) 2409 of 2022 sl. no. 12 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bhupatinagar P.S Case No. 142 of 2020 dated 21.09.2020 under Sections 448/325/307/302/34 of the Indian Penal Code, 1860.

Rejected And In Re : Rabi Arui @ Robi Arui @ Rabindranath Arui ..... petitioner Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ...... for the petitioner Mr. Neguive Ahmed, Ld. A.P.P.

Ms. Zareen N. Khan Ms. Trina Mitra ...... for the State Petitioner is in custody for over 600 days. He renews his prayer for bail. It is contended that dispute had broke up between the children in the family. Elders intervened and was a skirmish. Four days after the incident victim was admitted in hospital. No external injuries were found but she died due to respiratory distress.

Learned Additional Public Prosecutor opposes the prayer for bail. He refers to the post-mortem report and submits victim suffered external injuries and died. Cause of death has been stated as effect of injuries, ante mortem in nature. We have considered the materials on record. Statements of witnesses show petitioner had participated in the assault of the victim who suffered internal injuries and died. Prayer for bail of the petitioner was rejected in April, 2022. There is no appreciable

change in circumstances since then. Hence, we are not inclined to grant bail to the petitioner at this stage.

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