Swapan Makal @ Makhal @ Bidesh v. The State Of West Bengal And ANR

30.7.2024 Ct. No. 6 SL No. 56 SB / Tanmoy C.R.M. (DB) 2128 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dumdum P.S. Case No. 70 of 2024 dated 19.02.2024 under Sections 302/120(B)/34 of the Indian Penal Code.

And In the matter of: Swapan Makal @ Makhal @ Bidesh Mr. Sibaji Kr. Das Ms. Deblina De Ms. Sayani Pan ...for the Petitioner Mr. Avisek Sinha Mr. Soumadip Saha ....for the State Mr. Akash Sarkar ... for de facto complainant.

1. Learned counsel for the petitioner submits there was a skirmish between the parties. He had no intention to commit the murder. He is in custody for 140 days. He prays for bail.

2. Learned counsel for the State opposes the bail prayer. He contends petitioner and one Ayan Dutta pushed the victim from a wall resulting in his death.

3. We have considered the materials on record. Statements of the witnesses show petitioner and Ayan Dutta had pushed the victim from a wall. As a result he fell down and died. The aforesaid conduct of the petitioner gives rise to a reasonable inference of his intention to cause bodily injury which is likely to cause death. Statements of witnesses are corroborated by injuries in the post mortem report.

4. In view of the gravity of the offence, we are not inclined to grant bail to the petitioner.

5. Accordingly, the application for bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 2 nd of August 2024 04:49:24 PM