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Calcutta High CourtCRM (DB)/3776/2023rejected

Musfir @ Musfek Reza v. State Of West Bengal

2023-10-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

03.10.2023 sdas rejected C.R.M.(DB) No. 3776 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 347 of 2023 dated 20.04.2023 under Sections 302/120B of the Indian Penal Code.

And In Re : Musfir @ Musfek Reza .... Petitioner Mr. Kalidas Saha ....for the petitioner Ms. Anasuya Sinha Ms. Sayanti Santra ...... for the State

1. Learned Counsel for the petitioner submits there was prior enmity and he has been falsely implicated. He is in custody for 166 days. He prays for bail.

2. Learned Counsel for the State opposes the prayer for bail.

3. We have considered the materials on record. Statement of witness recorded under Section 164 of the Code of Criminal Procedure shows petitioner had attacked the victim with a knife resulting in death. In view of the aforesaid incriminating materials and gravity of the offence, we are not inclined to grant bail to the petitioner.

4. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)