Khokan Durlav v. State Of West Bengal

CRM 7992 of 2020 (Via Video Conference) 20.10.2020 Ct. No. 8 Item No.7 (D/L) abhar/bdutta In Re: An application for Bail under Section 439 of the Code of Criminal Procedure in connection with Ranaghat P. S. Case No. 103 of 2020 dated 30.05.2020 under Sections 341/326/307/34 of the Indian Penal Code.

and In the matter of: Khokan Durlav ...... Petitioner Ms. Sananda Bhattacharya.

......for the Petitioner Mr. Rana Mukherjee Ms. Faria Hossain.

...... for the State The learned advocate for the petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking. the application is taken up.

The learned advocate for the petitioner submits that the petitioner is in custody for 142 days in connection with the instant case and the charge-sheet has already been submitted and, therefore, there is no further custodial interrogation is required and he should be released on bail.

The learned advocate appearing for the State opposes the prayer for bail. It is submitted that the grievous injury was inflicted upon the victim who disclosed the name of the petitioner in his statement recorded under Section 161 of the Code of Criminal Procedure and, therefore, the application for bail should be rejected. After considering the respective submissions and on perusal of the statement of the victim recorded under Section 161 of the Code of Criminal Procedure including the nature of the injury suffered by the victim, we do not feel that it is a fit case where the petitioner should be enlarged on bail. Accordingly, the prayer for bail is rejected. The application for bail being C.R.M. 7992 of 2020 is dismissed.

(Ravi Krishan Kapur, J) (Harish Tandon, J.)