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Calcutta High CourtCRM (DB)/3664/2023rejected

Tapas Das @ Gopal v. State Of West Bengal

2023-09-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

20.09.2023.

42.

Ct.No.28 as (Rejected) C.R.M. (DB) 3664 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Uttarpara P.S. Case No.159 of 2020 dated 05.06.2020 under Sections 395/397/412 of the Indian Penal Code and adding Sections 25/27 of the Arms Act.

In the matter of : Tapas Das @ Gopal.

... Petitioner.

Mr. Amal Krishna Samanta.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Arani Bhattacharyya, Mr. Arijit Ganguli.

...for the State.

1.

Petitioner is in custody for over three years. Co-accused was released on bail. He prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits petitioner was identified as a dacoit during T. I. Parade.

3.

We have considered the materials on record. Petitioner was identified by the witnesses during T. I. Parade. He was seen in the CCTV footage. Accordingly, he does not stand on the same footing with co-accused who have been enlarged on bail.

4.

Accordingly, the prayer for bail of the petitioner is rejected.

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