Ashim Singha v. State Of West Bengal

08.09.2023 sdas Rejected C.R.M. (DB) No. 3512 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Namkhana Police Station Case No. 371 of 2022 dated 06.12.2022 under Sections 498A/406/502/34 of the Indian Penal Code.

And In Re : Ashim Singha ..... petitioner Mr. Gobinda Chandra Baidya Mr. Gobinda Baidya ...... for the petitioner Mr. Saswata Gopal Mukherjee, learned PP Mr. Aniket Mitra Ms. Jonaki Saha ...... for the State

1. Learned Counsel for the petitioner submits he is in custody for 273 days. It is also submitted that co-accused are on bail. Victim lady did not suffer homicidal death. He prays for bail.

2. Learned Counsel for the State opposes the prayer for bail and submits post mortem report shows marks of injury on various parts of the body of the victim.

3. We have considered the materials on record. Statements of the witnesses show petitioner had brutally assaulted his wife and as a result she died. In view of gravity of the offence and keeping in mind the materials on record we are of the opinion petitioner cannot be treated on par with the coaccused who are on bail.

4. The application for bail is, thus, rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)