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Calcutta High CourtCRM (DB)/3110/2023rejected

Atul@Gouranga Mondal v. State Of West Bengal

2023-08-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

08.08.2023 tkm/ct 28 C.R.M. (DB) 3110 of 2023 sl no. 53 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bhimpur P.S. Case No. 138 of 2023 dated 21.4.2023 under sections 302/34 IPC and adding sections 120B/379/411 IPC and In Re : Atul @ Gouranga Mondal ........ petitioner Mr. Arnab Chatterjee Mr. J I Hossain Ms. P Bose Ms. C Debnath ...... for the petitioner Mr. R D Nandy Ms. Sonali Das ...... for the State Petitioner is in custody for 119 days. It is contended there is no direct evidence connecting him with the murder. He prays for bail.

Learned lawyer for the State opposes the bail prayer. He submits petitioner and one Dinu had been hired by co-accused Sankar Sil to murder the deceased. Cash of the deceased was recovered from the petitioner.

We have considered the materials on record. Statements of witness show petitioner was seen with Dinu and the deceased prior to the incident. After his arrest, a sum of Rs. 60,000/- containing seal of the post office was recovered. Recovered cash has been identified by the witnesses as belonging to the deceased. In view of the aforesaid incriminating materials and the gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)