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Calcutta High CourtCRM/7850/2020rejected

Pinku Kumar Mandal @ Pinku Raj v. State Of West Bengal

2020-10-15Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Subhasis Dasgupta2 pages

15.10.2020 Item No. 11 Sdas rejected C.R.M. 7850 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 253 of 2019 dated 16.07.2019 under Sections 498(A)/304(B)/302/201/34 of the Indian Penal Code and added Section 412 of the Indian Penal Code and subsequently chargesheet submitted under Sections 302/201/120B of the Indian Penal Code.

And In Re : Pinku Kumar Mandal @ Pinku Raj ..... petitioner Mr. Mounick Ghosh ... for the petitioner Mr. Binay Kumar Panda Ms. Puspita Saha ... for the State Petitioner renews his prayer for bail.

It is submitted by the learned Counsel appearing for the petitioner that he is in custody for 319 days and co-accused persons have been granted bail.

Learned Counsel appearing for the State submits that the petitioner, in collusion with Biki Soni, husband of the deceased, had murdered the latter and absconded. We have considered the materials on record.

Statements of the witnesses and other attending circumstance of the case clearly establish the prima facie role of the petitioner in aiding and abetting the principal accused in murdering the housewife. Co-accused persons who have been granted bail do not stand on the same footing with the petitioner. Hence, we are of the opinion that in view of gravity of the offence and the role

of the petitioner therein this is not a fit case to grant bail to the petitioner.

The application for bail is, thus, rejected.

(Subhasis Dasgupta, J.) (Joymalya Bagchi, J.)