Subhash Singh v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 10-11-2020 Subrata/Rajib item no.15 rejected .

C.R.M. No.8798 of 2020 Subhash Singh -vsThe State of West Bengal In Re: Application under section 439 CrPC in connection with Liluah P. S. Case No. 222 of 2019 dated September 4, 2019 under sections 302/120B IPC.

Mr. Moyukh Mukherjee ...for the petitioner Mr. Madhusudan Sur Mr. Aniket Mitra ... for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.

The petitioner claims that there was a dispute with the victim over water which resulted in some degree of violence. According to the petitioner, a meeting was called to resolve the dispute whereat the victim was attacked and killed. According to the petitioner, he had no role to play in the incident, and, if he did, it was at the spur of the moment and not a premeditated attack.

The State refers to the statement of other witnesses to the effect that the petitioner was the principal assailant who charged at the victim with a dagger. The State refers to an order of December 19, 2019 by which the prayer of a co-accused for anticipatory bail was rejected.

Though the petitioner claims that other persons standing on the same footing as the petitioner have obtained bail from this court, the State says that the others were allies of the petitioner and present

at the time of the incident, but it was the petitioner who killed the victim with the petitioner's dagger.

Considering the material, the petitioner's prayer cannot be acceded to.

CRM No.8798 of 2020 is disposed of.

[Arijit Banerjee, J] [Sanjib Banerjee, J]