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Calcutta High CourtCRM (DB)/4589/2023rejected

Nasir Ali v. The State Of West Bengal

2023-12-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

20.12.2023 Sl. No.77 akd [Rejected] C. R. M. (DB) 4589 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.11.2023 in connection with Pukhuria Police Station Case No.335 of 2022 dated 13.08.2022 under Sections 498A/302/201/34 of the Indian Penal Code. (G.R. Case No.2165 of 2022) And In Re: Nasir Ali ... ... Petitioner Mr. Kallol Mondal Mr. Krishan Ray Ms. Roma Roy ... ... for the petitioner Mr. Abhra Mukherjee Ms. Manisha Sharma ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record. Bail prayer of the petitioner had been turned down in March, 2023. There are statements that petitioner had accompanied the deceased wife to a fair. Thereafter, her dead body was recovered. No explanation with regard to the cause of death is forthcoming. Co-accused who are relations of the deceased have been granted pre-arrest bail presumably on the contention that they were roped in by an overzealous complainant. Petitioner-husband does not stand on the same footing with the said co-accused. Keeping in mind the aforesaid facts and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

3. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)