Nirmal Kumar And ANR. v. The State Of West Bengal

22.12.2023 tkm/ct 28 C.R.M. (DB) 4762 of 2023 sl no. 45 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Arsha P.S. Case No. 12 of 2023 dated 11.2.2023 under sections 326/307/302/34 IPC, And In Re :Nirmal Kumar & Anr.

........ petitioners Mr. Sourav Chatterjee Mr. Pawan Kumar Ms. S Chakraborty Mr. S Mitra Ms. S Chatterjee ...... for the petitioner Mr. Swapan Banerjee Mr. Arindam Sen ...... for the State

1. Petitioners contend that the names of the assailants had not been stated in the medical records. They have been falsely implicated in the case and are in custody for 315 days. They pray for bail

2. Learned lawyer for the State opposes the bail prayer.

3. We have considered the materials on record. Statement of injured witness implicates the petitioners in the crime. Mere failure to disclose the names in the medical records would not improbabilise presence of the injured witness at the spot or the identification of the assailants by the said witness.

4. Keeping in mind the evidence on record and the gravity of offence we are not inclined to grant bail to the petitioners at this stage

5. Accordingly, prayer for bail is rejected.

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