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Calcutta High CourtCRM/8118/2021rejected

Akshay Sharma @ Suresh v. State Of West Bengal And ORS.

2021-12-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

C.R.M. 8118 of 2021 (Via Video Conference) (AD/ KC) 10.12.2021 Court No.28 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Burrabazar P.S. Case No.211 of dated 31/10/2020 under Sections 394/397/307/34 of the Indian Penal Code, 1860. And (Rejected) In the matter of: Akshay Sharma @ Suresh ....petitioner.

Mr. Ayan Bhattacharya Mr. Pawan Kumar Gupta ...for the petitioner.

Mr. M. Sur Mr. M. Mahata ... for the State.

It is submitted on behalf of the petitioner that he is in custody for 405 days. Injured victim had identified the petitioner in course of T.I. Parade.

Learned lawyer for the State opposes the prayer for bail. He submits other eye witnesses identified the petitioner in the course of T.I. Parade. Trial has already been commenced. We have considered the materials on record. Statements of witnesses show that the petitioner and others had committed robbery in an office in broad daylight. One of them fired resulting in injury on the victim. Petitioner has been identified as one of the miscreants by eye witnesses. Moreover, trial is in progress.

In view of the aforesaid materials on record and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

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

C.R.M. 8118 of 2021 is, thus, dismissed.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)