Akash Nayek And ANR v. State Of West Bengal

03.11.2022 tkm/ct 28 C.R.M. (DB) 3664 of 2022 sl no.61 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Duttapukur Police Station Case No. 627/2022 dated 27.6.2022 under Sections 302/34 of the Indian Penal Code and sections 25/27 of the Arms Act.

And In Re : Akash Nayek & Anr.

........ petitioners Mr. Kallol Mondal Mr. Krishan Roy Mr. A Ghosh ...... for the petitioner Mr. R D Nandy Ms. Sonali Das ...... for the State Petitioners are in custody for 127 days and 89 days respectively. It is submitted there is no direct evidence connecting them with the murder.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Incriminating articles were recovered from the place of occurrence which implicates the petitioners. From the place of occurrence a broken piece of indicator of the motor cycle belonging to the petitioner no. 1 was seized. Voter's identity card and other papers of petitioner no. 2 was also seized from the place of occurrence. Arms and ammunitions have also been recovered from them. In view of the aforesaid incriminating materials and gravity of offence, we are not inclined to grant bail to the petitioners. Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)