Gopal Ghosh v. State Of West Bengal

07.11.2022 tkm/ct 28 C.R.M. (DB) 3881 of 2022 sl no.76 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 73/2022 dated 27.1.2022 under Section 302/34 of the IPC And In Re : Gopal Ghosh ........ petitioner Mr. Kallol Mondal Mr. A Agarwala Mr. S Debnath Ms. R Roy ...... for the petitioner Mr. S Bapuli Mr. Bibaswan Bhattacharya ...... for the State Bail prayer of the petitioner was rejected in September 2022. Thereafter co-accuseds have been enlarged on bail by a co-ordinate Bench of this court. Hence, petitioner renews his prayer for bail. Learned lawyer for the State opposes prayer for bail. We have considered the materials on record including the statements of witnesses. Statement of the son of the petitioner shows the deceased made an oral dying declaration implicating the petitioner in the crime.

It may also be relevant to note that the bail prayer of the petitioner was rejected in September 2022 had not been placed/considered by the co-ordinate Bench while granting bail to co-accuseds.

In view of the aforesaid materials, 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.)