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Calcutta High CourtCRM (DB)/3480/2023rejected

Kushal Guhathakur @ Kushal Guhathakurata@ Guhathakuratha v. State Of West Bengal

2023-09-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

06.09.2023 tkm/ct 28 C.R.M. (DB) 3480 of 2023 sl no. 27 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chinsurah PS Case No. 211 of 2021 dated 11.5.2021 under sections 326/307/120B IPC read with sections 25/27 of the Arms Act and In Re : Kushal Guhathakur @ Kushal Guhathakurata @ Guhathakuratha ........ petitioner Mr. A Bera ...... for the petitioner Mr. N Ahmed Ms. Trina Mitra ...... for the State 1.

Petitioner is in custody for 800 days. He submits co-accused are on bail. He prays for bail.

2.

Learned lawyer for the Sate opposes the bail prayer. He submits the gun used to fire at the victim was recovered from the petitioner.

3.

We have considered the materials on record. Weapon of offence was recovered from the petitioner. Only photograph of the victim was recovered from co-accused who are on bail. They do not stand on the same footing with the petitioner. 4.

Under such circumstances and in view of the gravity of offence we are not inclined to grant bail to the petitioner. 5.

Accordingly, the prayer for bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)