Lal Bihari Ray v. State Of West Bengal

26.09.2022.

22.

Ct.No.28 as (Rejected) C.R.M. (DB) 3069 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Salanpur P.S. Case No.262 of 2021 dated 25.10.2021 under Sections 302/34 of the Indian Penal Code.

In the matter of : Lal Bihari Ray.

... Petitioner.

Mr. Jayanta Narayan Chatterjee, Ms. Nandini Chatterjee, Ms. Jayashree Patra, Ms. Sreeparna Ghosh.

...for the Petitioner.

Mr. Swapan Banerjee, Mr. Anindya Sundar Chatterjee.

...for the State.

Petitioner renews his prayer for bail. He submits there is no direct evidence connecting him with the crime. In view of the aforesaid submission, we directed the Investigating Officer to be present and place materials on record with regard to the presence of the petitioner at the place of occurrence.

Investigating Officer is present. Tower location of the mobile phone of the petitioner is placed before us. The aforesaid material, prima facie, shows presence of the petitioner near the PO at the time of occurrence. In view of the aforesaid incriminating materials and as bail prayer of the petitioner was rejected earlier, we are not inclined to grant bail to him at this stage.

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

Personal appearance of the Investigating Officer is noted and dispensed with.

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