Mahadeb Bera v. State Of West Bengal

02.12.2021 Serial no.416 Aloke (Through Video Conference) Ct. No. 29 CRM 7688 of 2021 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 18.11.2021 in connection with Arambagh Police Station Case No. 189 of 2020 dated 19.05.2020 under Sections 498A/302/201/304B/34 of the Indian Penal Code. -AndIn the matter of : Mahadeb Bera ... ...Petitioner Mr. Suddhadev Adak, Advocate ... ... For the petitioner Mr. Saswata Gopal Mukherjee, ld. APP Mr. Partha Pratim Das, Advocate Ms. Manasi Roy, Advocate ... ... For the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that all other co-accused were granted bail. He submits that considering the period of detention, prayer for bail should be granted.

Learned Advocate appearing for the State draws the attention of the Court to the postmortem report and to the statement recorded under Section 164 of the Code of Criminal Procedure of the daughter of the victim.

The postmortem report states that the death is due to throttling.

Considering the said postmortem report and the statement recorded under Section 164 of the Code of Criminal Procedure of the daughter of the victim and considering the fact that the petitioner herein is named as the principal assailant, we are not inclined to grant bail to the petitioner.

The prayer for bail is, thus, rejected.

CRM 7688 of 2021 is, accordingly dismissed.

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