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Calcutta High CourtCRM/6863/2021dismissed

Ajij Mahatpure v. State Of West Bengal

2022-03-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

30.03.2022 C.R.M. 6863 of 2021 (AD) Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chapra P.S. Case No.214 of dated 19/06/2020 under Sections 325/326/307/302 of the Indian Penal Code, 1860. (S.C. No.80(02) of 2021).

And (Rejected) In the matter of: Ajij Mahatpure ....petitioner.

Mr. Sabir Ahmed Mr. Shraman Sarkar ...for the petitioner.

Ms. Sujata Das ... for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 500 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required. The charges are yet to be framed. Learned Advocate appearing for the State draws the attention of the Court to the statement of the eye-witness recorded under Section 164 of the Code of Criminal Procedure. In the statement recorded under Section 164 of the Code of Criminal Procedure, who is the close relative of the petitioner and also an eye-witness in the incident, she implicates the petitioner in the murder of his parents.

Considering the gravity of the offence and the involvement of the petitioner therein and moreover, there is hardly any material change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the

petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. 6863 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)