Sk Dulal v. State Of West Bengal

14.12.2020 Sl. No.52 akd [Rejected] C. R. M. 10294 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.12.2020 in connection with Nandakumar Police Station Case No. 212 of 2020 dated 11.07.2020 under Sections 302/201/120B of the Indian Penal Code.

And In Re: Sk. Dulal ... ... Petitioner Mr. Amitabha Karmakar .. Advocate Mr. Arup Kumar Bhowmick .. Advocate ... ... for the petitioner Mr. Sudip Ghosh .. Advocate Mr. Bitasok Banerjee .. Advocate ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 154 days. It is further submitted that the petitioner has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for bail and submits that the petitioner had an illicit affair with the wife of the deceased. They conspired and murdered the deceased. Thereafter, his body was buried. Subsequently, on the showing of co-accused, dead body has been recovered.

Statements of witnesses show motive of the crime and the prima facie involvement of the petitioner in the heinous offence. In view of the gravity of the offence and the other attending facts and circumstances of the case, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage. The application for bail is thus rejected.

Trial court is directed to proceed with the trial with utmost expedition.

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