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Calcutta High CourtCRM (DB)/4559/2023rejected

Raja Mandal v. The State Of West Bengal

2023-12-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

20.12.2023.

50.

Ct.No.28 as (Rejected) C.R.M. (DB) 4559 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sarenga P. S. Case No.20 of 2021 dated 29.04.2021 under Sections 302/201/34 of the Indian Penal Code and charge sheet submitted under Sections 302/201/34 of the Indian Penal Code.

In the matter of : Raja Mandal.

... Petitioner.

Mr. A. Roy, Mr. R. Mukherjee.

...for the Petitioner.

Mr. N. Ahmed, ld. A.P.P., Mr. A. Sen.

...for the State.

1.

Petitioner contends there is no direct evidence connecting him with the crime. PW 3 has not supported the prosecution case. He prays for bail.

2.

Learned Advocate for the State opposes the bail prayer.

3.

We have considered the materials on record. PW 2 stated petitioner was last seen with the victim prior to his death. On the leading statement of the petitioner to footwear of the deceased was recovered.

4.

In view of the aforesaid incriminating evidence on record and gravity of offence, we are not inclined to grant bail to the petitioner.

5.

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

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