Shyamal Sarkar @ Biswas v. State Of West Bengal

28.09.2022 tkm/ct 28 C.R.M. (DB) 3299 of 2022 sl no. s.l. 34 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No. 22/2022 dated 30.01.2022 under sections 279/338/325/307/427/34 of the IPC and added Section 302 of IPC.

And In Re : Shyamal Sarkar @ Biswas & Ors.

........ petitioners Mr. Sourav Mukherjee ...... for the petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ...... for the State Petitioners renew their prayer for bail. It is submitted that the victim suffered accidental injury.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Statements of witnesses show victim was indiscriminately assaulted by the petitioners and co-accuseds. Large number of injuries are noted in the post-mortem report. Bail prayer of the petitioners was rejected on merits in June, 2022. There is no change in circumstance since then.

Under such circumstances, we are not inclined to grant bail to the petitioners at this stage.

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