Calcutta High CourtCRM/799/2021rejected

Satyen Roy @ Chandia v. The State Of West Bengal

2021-08-17Hon'Ble Justice Harish Tandon,Hon'Ble Justice Bibek Chaudhuri2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 17.08.2021 court no.

: 28 Item no.

: JCB - 08 matter : 439 status : REJECTED transcriber : nandy (Via Video Conference) CRM 799 of 2021 In Re:- An application for Bail under Section 439 of the Code of Criminal Procedure filed on 02.08.2021 in connection with Maynaguri Police Station Case No. 298 of 2020 dated 18.08.2020 under Section 302 of the Indian Penal Code. (G.R. Case No. 3545 of 2020) and In the matter of: Satyen Roy @ Chandia ......Petitioner Mr. Debajit Kundu, Advocate ......for the Petitioner Mr. Arun Sarkar, Advocate Mr. Sourav Ganguly, Advocate ......for the State The Advocate-on-record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

The petitioner has filed the instant application for bail in connection with Maynaguri Police Station Case No. 298 of 2020 dated 18.08.2020 under Section 302 of the Indian Penal Code.

This is the second application for bail at the behest of the petitioner before this Court. The earlier application being CRM 247 of 2021 was rejected on March 15, 2021.

The learned Advocate for the petitioner submits that the

statement of the so-called eyewitnesses do not disclose any incriminating material against the petitioner and, therefore, the petitioner should be released on bail.

We have gone thorough the earlier order passed in CRM 247 of 2021, wherefrom we find that the name of the petitioner was disclosed by the eye-witnesses and considering the gravity of offence the prayer for bail was rejected earlier. Simply because the date of detention has increased, it cannot be termed as changed circumstances warranting a different decision to be taken. We do not find any ground or material to allow the prayer for bail.

As such, the prayer for bail is rejected.

The application being CRM 799 of 2021 is accordingly dismissed.

However, we request the trial Court to expedite the trial of the case.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)