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Calcutta High CourtCRM (DB)/4741/2023rejected

Dr. Arindam Bala. v. The State Of West Bengal

2023-12-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

21.12.2023.

112.

Ct.No.28 as (Rejected) C.R.M. (DB) 4741 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bagdah P. S. Case No.597 of 2023 dated 20.08.2023 under Sections 498A/302/304B/34 of the Indian Penal Code.

In the matter of : Dr. Arindam Bala.

... Petitioner.

Dr. Chapales Bandyopadhyay, Mr. Azizul Islam, Ms. Gargy Basu, Ms. Atmaja Bandyopadhyay, Ms. Anandamayee Dutta.

...for the Petitioner.

Mr. Swapan Banerjee, Mr. Asraf Mandal.

...for the State.

Mr. Rajib Kr. De.

......de-facto complainant-in-person.

1.

Petitioner is in custody for 123 days. Investigation is complete. He prays for bail.

2.

Learned Advocate for State opposes the bail prayer. 3.

Learned Advocate for the de-facto complainant also opposes the bail prayer.

4.

We have considered the materials on record.

Victim and the petitioner-husband were present in the same room. Victim suffered brutal death. Materials on record implicate the petitioner-husband in the murder. 5.

In view of gravity of the offence and the principal role played by the petitioner-husband, we are of the opinion he does not stand on the same footing with coaccused who are on bail.

6.

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

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