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Calcutta High CourtCRM/11255/2020rejected

Sanjib Dalui v. State Of West Bengal And ORS.

2021-03-18Hon'Ble Justice Harish Tandon,Hon'Ble Justice Tirthankar Ghosh2 pages

18.03.2021 CRM 11255 of 2020 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 27.12.2020 in connection with Ghola Police Station Case No. 427 of 2020 dated 22.09.2020 under Sections 302/325/327 of the Indian Penal Code.

and In the matter of: Sanjib Dalui ...... Petitioner Mr. Supratick Syamal, Advocate ......for the Petitioner Mr. Saswata Gopal Mukherjee, Learned P.P.

Mr. Partha Pratim Das, Advocate Ms. Manasi Ray, Advocate ...... for the State Court No. 28 Item No. 52 snandy (REJECTED) The petitioner has filed the instant application for bail in connection with Ghola Police Station Case No. 427 of 2020 dated 22.09.2020 under Sections 302/325/327 of the Indian Penal Code.

The learned Advocate of the petitioner submits the petitioner is in custody for about 176 days and the incident occurred all of a sudden when the deceased-victim resisted the petitioner from meeting his wife. He further submits that chargesheet has already been submitted and, therefore, further detention of the petitioner is unwarranted and he may be released on bail on any stringent condition.

Mr. Mukherjee, learned Public Prosecutor, opposes the prayer for bail and draws our attention the statement of witnesses. We have perused the materials available in the case diary and find the complicity of the petitioner is expressed in a number of statements of witnesses. Having regard to the same, we are not inclined to release the petitioner on bail.

Accordingly, the prayer for bail is rejected. The application being CRM 11255 of 2020 accordingly dismissed. (Harish Tandon, J.) (Tirthankar Ghosh, J.)