Bijay Dey v. State Of West Bengal

04.02.2021 Item No.9 Ct.No.28 dc.

Rejected C.R.M. 10808 of 2020 (Via Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure.

And In the matter of : Bijay Dey ... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha ... For the Petitioner.

Mr. Saibal Bapuli, Mr. Arani Bhattacharyya ... For the State.

The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with Cossipur P.S. Case No. 190 of 2020 dated 16.10.2020 under Sections 279/304(Part-II)/427 of the Indian Penal Code.

Mr. Chakraborty, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The incident occasioned over a trivial issue and there was no intent of the petitioner to cause any harm. Upon completion of investigation, charge-sheet has also been filed and as such, further detention of the petitioner, who is in custody for 109 days, is not necessary.

Mr. Bapuli, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the application for bail, being CRM 10808 of 2020, is dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)