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Calcutta High CourtCRM(DB)/32/2022disposed

Gautam Sarkar v. The State Of West Bengal

2022-07-12Hon'Ble Justice Ananda Kumar Mukherjee,Hon'Ble Justice Rajasekhar Mantha2 pages

12.07.2022 Court No.1 SL No.45 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRAN 1 of 2022 In CRM(DB) 32 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Cooch Behar Kotwali P.S. Case No.821 of 2021 dated 17.08.2021 under Sections 143/341/326/307/302/34 of the Indian Penal Code. And In the matter of: Gautam Sarkar ....petitioner.

Mr. Dhiman Roy ...For the petitioner.

Mr. Aditi Shankar Chakraborty Mr. Tapan Bhattacharjee ...For the State.

In Re.: CRAN 1 of 2022 CRAN 1 of 2022 has been filed seeking recall of the order dated 2nd March 2022.

Sufficient grounds have been indicated explaining the absence of the petitioner on the said date.

Hence, the order dated 2nd March 2022, is recalled and CRM(DB) 32 of 2022 is restored to its original file and number. In view of the above, CRAN 1 of 2022 is allowed. In Re.: CRM(DB) 32 of 2022 The application for bail is made on the ground that there are specific allegations in the FIR against the petitioner. It appears from the record that the charge-sheet has been filed and

the role of the petitioner in the alleged offence is explicit and clear. There are several accused persons and none of them have been granted bail.

Having heard the learned counsel for the parties and bearing in mind the fact that the petitioner killed the victim along with others and thereafter hurled bombs to scare the local residents, this Court is not inclined to grant bail to the petitioner at this stage.

In view of the above, CRM(DB) 32 of 2022 is dismissed. (Rajasekhar Mantha, J.) (Ananda Kumar Mukherjee, J.)