Amit Kumar Gupta v. State Of West Bengal

15.11.2022.

15.

Ct.No.28 as (Rejected) C.R.M. (DB) 3938 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Asansol North P.S. Case No.256 of 2021 dated 30.08.2021 under Sections 302/201/120B of the Indian Penal Code.

In the matter of : Amit Kumar Gupta.

... Petitioner.

Mr. Partha Pratim Das, Mr. Asraf Mandal.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Ayantika Roy.

...for the State.

Petitioner is in custody for 439 days. He renews his prayer for bail. He submits his complicity has transpired from the statement of a child in conflict with law. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. In addition to the statement of the child in conflict with law, independent witnesses saw the petitioner and other accused persons proceeding towards the residence of the deceased in an agitated manner. Thereafter, the dead body of the deceased was recovered.

In view of the aforesaid circumstances and as trial is in progress and bail prayer of the petitioner was rejected earlier, we are not inclined to grant bail to the petitioner at this stage.

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

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