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Calcutta High CourtCRM (DB)/4236/2023rejected

Kumar Das v. State Of West Bengal

2023-11-09Hon'Ble Justice Biswajit Basu,Hon'Ble Justice Raja Basu Chowdhury1 pages

09-11-2023 (ct. no.08) KOLE/PB CRM (DB) 4236 of 2023 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Barabani Police Station Case No. 254 of 2022 dated 12.12.2022 under Sections 394/397 of the Indian Penal Code and Sections 25 (i)(b)(a) of the Arms Act.

- A n d - In the matter of : Kumar Das .... Petitioner.

Mr. Harekrishna Halder Mr. Debasish Sur, Mr. Dilip Kr. Das, Mr. H. S. Pal, ... For the Petitioner.

Mr. N. Ahmed, Mrs. T. Mitra, ... For the State.

Learned Advocate for the petitioner submits that the petitioner is in custody for about 330 days. The prayer for bail of the petitioner was rejected by the Coordinate Bench on July 24, 2023 in CRM (DB) 2897 of 2023. It appears from the record that the petitioner had earlier been granted bail but subsequently his bail was cancelled and he was taken into custody. Learned Advocate for the State opposes the prayer for bail. He submits that the petitioner was identified in T.I. Parade. We have heard the learned advocates for the parties and considered the materials on record. In view of the prima facie involvement of the petitioner in the alleged offence of robbery at gun point and having considered the gravity of the offence, we are not inclined to entertain the prayer for bail of the petitioner. The application for bail is rejected.

Accordingly, CRM (DB) 4236 of 2023 is disposed of. ( Raja Basu Chowdhury, J. ) ( Biswajit Basu, J. )