Madhab Garain @ Madhai v. State Of West Bengal

15.12.2022 tkm/ct. 28 C.R.M. (DB) 4411 of 2022 s.l. 44 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Rajnagar Police Station Case No. 5 of 2022 dated 11.1.2022 under sections 302/201 of the IPC. And In Re : Madhab Garain @ Madhai ........ petitioner Mr. Sujoy Sarkar ...... for the petitioner Ms. Anasuya Sinha Mr. Pinak Kr. Mitra ...... for the State.

Petitioner is in custody for 330 days. It is submitted he has been falsely implicated in the instant case. He prays for bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Weapon of offence i.e. 'chopper' was recovered on the leading statement of the petitioner. He does not stand on the same footing with the coaccused who has been granted bail. Under such circumstances, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)