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Calcutta High CourtCRM (DB)/3290/2022rejected

Arup Pramanik @ Apu v. State Of West Bengal

2022-09-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

28.09.2022.

25. SL Ct.No.28 as (Rejected) C.R.M. (DB) 3290 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Banshihari P.S. Case No.182 of 2021 dated 25.09.2021 under Sections 302/120B/34 of the Indian Penal Code.

In the matter of : Arup Pramanik @ Apu.

... Petitioner.

Mr. A. Karmakar, Mr. A. K. Bhowmick.

...for the Petitioner.

Mr. Swapan Banerjee, Mr. Suman De.

...for the State.

Petitioner is in custody for 11 months. It is submitted he has been falsely implicated in the instant case. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record including the statement of a witness recorded under Section 164 of the Code of Criminal Procedure. From the said statement it appears petitioner is one of the conspirators to the murder. Keeping in mind the aforesaid fact and gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

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