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Calcutta High CourtCRM (DB)/2997/2022rejected

Goutam Shee v. State Of West Bengal

2022-09-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

06.09.2022 Sl. No.11 akd [Rejected] C. R. M. (DB) 2997 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.08.2022 in connection with Chandrakona Police Station Case No. 10 of 2022 dated 17.01.2022 under Section 302 of the Indian Penal Code. (G.R. Case No.46 of 2022) And In Re: Goutam Shee ... ... Petitioner Md. Sabir Ahmed Mr. Abdur Rakib ... ... for the petitioner Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Dipankar Pramanick ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 230 days. It is further submitted there is no direct evidence connecting him with the murder and he has been falsely implicated in the instant case out of suspicion.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. From statements of witnesses and other materials it appears petitioner had illicit relationship with the deceased. On the fateful day, they had gone to a hotel and thereafter, they returned the village. Husband of the deceased was not present in the village and taking advantage of the situation petitioner murdered the victim. 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.

The application for bail is thus rejected.

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