5 30.10.2024
ss/jks
rejected
CRM (DB) 3127 of 2024
In the matter of : An application for bail under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of
the Code of Criminal Procedure, 1973) in connection with Ranaghat
G.R.P.S. Case No. 9 of 2021 dated 27.06.2021 under Sections
302/120B/34 of the Indian Penal Code and Section 27 of the Arms
Act.
And
In the matter of : Dipankar Biswas & Anr.
Mr. Chitrak Biswas
… … for the petitioners
Mr. Arijit Ganguly
Mr. Habib Hossain
… … for the State
Mr. Biswas, learned advocate representing the petitioners, submits
that the charge sheet has been submitted. The petitioners have been
languishing in jail custody for a prolonged period. He argues that further
detention of the petitioner will not serve any purpose. He submits, in light
of this situation, bail be granted to the petitioners.
The learned advocate representing the State produces the case diary
and vehemently opposes the prayer for bail. Based on the materials
available in the case diary, he submits that there is direct involvement of
the present petitioners in the alleged offense. He also submits that the
prayer for bail from the co-accused persons have been denied by different
coordinate benches of this Court.
Heard learned counsel for the parties. Perused the case diary and
other materials available on record.
The post-mortem report indicates that the victim died from bullet
injuries. The statements of the witnesses, recorded under Section 161 as
2
well as Section 164 of the Code, point to the presence of the petitioner at
the scene of the occurrence.
In this context, upon assessing the roles attributed to the petitioners
and considering the nature and gravity of the offence, as well as the extent
of the petitioners' complicity in the alleged crime, and noting that the bail
applications of co-accused persons, who stand on the same footing, have
been denied by different coordinate benches of this Court, we are of the
view that the petitioners cannot be admitted to bail at this stage. Hence,
their prayer for bail is rejected.
Accordingly, the application being CRM (DB) 3127 of 2024 stands
dismissed at this stage.
(Partha Sarathi Chatterjee, J.) (Saugata Bhattacharyya, J.)