Ganendra Talukdar v. State Of West Bengal

18.11.2022

IN THE HIGH COURT AT CALCUTTA

Sl. No.2 Circuit Bench at Jalpaiguri akd [Rejected] C. R. M. (DB) 430 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 15.11.2022 in connection with Mathabanga Police Station Case No. 380 of 2020 dated 17.09.2020 under Sections 147/148/149/324/326/302 of the Indian Penal Code. (G.R. Case No.652 of 2020) And In Re: Ganendra Talukdar ... ... Petitioner Mr. Tanmay Basu Mr. Subhasish Misra ... ... for the petitioner Mr. Aditi Sankar Chakraborty .. ld. Addl. Public Prosecutor Mr. Ujjwal Luksom ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 120 days. It is further submitted co-accuseds viz. Nandalal Sarkar and Sukesh Talukdar have been enlarged on bail. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Sukesh Talukdar was enlarged on bail on the ground that he is a student. Nandalal Sarkar has not been named by one of the injured witness namely, Bimal Sarkar. However, petitioner has been named by both the injured witnesses i.e. Bimal Sarkar and his wife namely, Mamata Sarkar. He does not stand on the same footing with the co-accuseds who have been enlarged on bail.

Under such circumstances and in view of the gravity of the offence, we are not inclined to grant bail to the petitioner at this stage. The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)