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Calcutta High CourtCRM (DB)/3508/2022rejected

Narayan Biswas v. State Of West Bengal

2022-09-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

30.09.2022 tkm/ct 28 C.R.M. (DB) 3508 of 2022 sl. 87 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 768 of 2021 dated 5.11.2021 under Sections 447/326/307/34 of the Indian Penal Code, added Section 302 of the Indian Penal Code. And In Re : Narayan Biswas ........ petitioner Ms. Minoti Gomes ...... for the petitioner Ms. Faria Hossain, Ms. Baisali Basu, Ms. Mamata Jana ...... for the State Petitioner is in custody for 318 days. It is contend coaccuseds are on bail. Learned lawyer for the State opposes the prayer for bail. Learned lawyer for the de facto complainant submits petitioner and co-accuseds are threatening witnesses. We have considered the materials on record. There are ample evidence connecting the petitioner in the murder.

Co-accuseds were enlarged on bail on the ground that they were women. Petitioner cannot seek parity with them. Keeping in mind the aforesaid incriminating materials and the gravity of the offence, we are not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)