Hemanta Pal @ Hemanta Paul @ Hemant v. The State Of West Bengal

05.09.2024 Item no. 86.

Court No.28.

AB (Rejected) CRM (DB) 2513 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Naihati P. S. Case No.59 of 2024 dated 24.2.2024 under Section 498A/326 307/506/34 of the Indian Penal Code And In the matter of : Hemanta Pal @ Hemanta Paul @ Hemant Pal ......Petitioner.

Md. Kutubuddin Mr. Santanu Debroy ......for the Petitioner.

Mr. Sandip Chakraborty Mr. Atulya Sinha ......for the State.

Dictated by Arijit Banerjee, J.

1.

The allegation is of murder. The petitioner is the husband of the victim lady. She died out of burn injury. 2.

The petitioner says that he is in custody for 190 days. Investigation is complete. Therefore, he should be granted bail.

3.

Opposing the prayer for bail, learned State Counsel draws our attention to a dying declaration of the victim as also the statements of the victim's son and sister recorded under Section 164 Cr.P.C. All the said materials prima facie implicate the petitioner as the culprit.

Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 6 th of September 2024 04:56:18 PM

4.

In view of the serious nature of the offence and the prima facie incriminating material against the petitioner, we are not inclined to grant bail to him, at this stage.

5.

The prayer for bail is, accordingly, rejected. 6.

CRM (DB) 2513 of 2024 is dismissed.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Prasenjit Biswas, J.)