Chattu Prasad v. State Of West Bengal

25.07.2023.

37.

Ct.No.28 as (Rejected) C.R.M. (DB) 2934 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hemtabad P. S. Case No.12 of 2021 dated 28.01.2021 under Section 302 of the Indian Penal Code and adding Section 34 of the Indian Penal Code read with Sections 25(i)(a)/27/35 of the Arms Act.

In the matter of : Chattu Prasad.

... Petitioner.

Mr. Kaushik Choudhury.

...for the Petitioner.

Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee.

...for the State.

Petitioner is in custody for over 800 days. It is submitted there is no direct evidence connecting him with the murder. He prays for bail.

Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Petitioner was seen at the place of occurrence. Mobile phone of the victim was recovered from the residence of the petitioner. Fire arms have already been recovered. Trial is in progress. Under such circumstances, we are not inclined to grant bail to the petitioner.

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

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)