Debjit Das v. State Of West Bengal

01.12.2023.

39.

Ct.No.28 as (Rejected) C.R.M. (DB) 4288 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with TaherpurP. S. Case No.42 of 2021 dated 05.03.2021 under Sections 363/326/302/34 of the Indian Penal Code.

In the matter of : Debjit Das.

... Petitioner.

Mr. Subir Debnath, Ms. Roma Roy ...for the Petitioner.

Mr. Saryati Datta.

...for the State.

1.

Petitioner is in custody for more than two years. He renews his bail prayer.

2.

Learned Advocate for the State opposes the bail prayer. He submits bail prayer of the petitioner was rejected in July, 2023.

3.

We have considered the materials on record.

Statements of witnesses show petitioner along co-accused came in a motor-cycle and had ran over the victim. Though it is contended petitioner was not driving the motor-cycle, his presence along with the co-accused is evident from the statements of witnesses. He shared common intention to commit the crime.

4.

In view of the gravity of offence and the incriminating materials on record, we are not inclined to grant bail to the petitioner at this stage.

5.

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

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)