Debaish Mukherjee@Debasish Mukherjee v. State Of West Bengal

09.12.2020 Court No.28 SL No.50 AP CRM 10098 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ashoknagar P.S. Case No.277/2020 dated 23.04.2020 under Sections 498A/302/304B/34 of the Indian Penal Code.

And In the matter of: Debashis Mukherjee @ Debasish Mukherjee ....Petitioner.

Mr. Sumanta Chakraborty, Mr. Sukanta Chakraborty ...for the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Partha Pratim Das, Ms. Manasi Roy ...for the State.

It is submitted on behalf of the petitioner that he is the husband of the victim housewife and he is in custody for about 160 days and investigation is complete.

Learned lawyer for the State opposes the prayer for bail and submits that the victim lady made an oral dying declaration implicating the petitioner.

We have considered the materials on record. In view of the statements of witnesses disclosing oral dying declaration of the deceased and keeping in mind other attending facts and circumstances of the case and in view of the gravity of the offence, we are of the opinion prima facie involvement of the petitioner does not justify release on bail. Hence, we are not inclined to grant bail to the petitioner. The application for bail is, thus, rejected.

The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)