The High Court dismissed an application for bail. The court held that prima facie incriminating material existed in the case diary regarding torture and poisoning attempts, and with no significant change of circumstances, the prayer was not entertained.
Application for bail under Section 439 CrPC dismissed; no change in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
38 16-09-2021 (ct. no.32) KOLE
CRM 3221 of 2021
In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pursurah Police Station Case No. 292 of 2019 dated 30.12.2019 under Sections 498A/328/307/34 of the Indian Penal Code.
In the matter of : Biswajit Gorai
Mr. S. Chatterjee,
… For the Petitioner.
Mr. S. G. Mukherji, Ld. PP Mr. P. P. Das, Mrs. M. Roy,
… For the State.
The petitioner renews his prayer for bail which was rejected by a coordinate bench of this Court by an order dated January 15, 2021 passed in CRM 302 of 2021.
The charges against the petitioner are grave. It has been alleged that the petitioner administered poison on the victim, his wife, with intent to kill her. There are materials in the case diary which prima facie show that the victim was regularly tortured by the petitioner.
In view of the prima facie incriminating material in the case diary and earlier rejection of the petitioner’s prayer, thereafter there being no significant change of circumstances, we are not inclined to entertain this application for bail.
Accordingly, the application for bail being CRM 3221 of 2021 is dismissed.
Since the petitioner is in custody for an appreciable period of time, we request the learned trial court to expedite the
2
consideration of charges and generally bring the trial to an early conclusion to the extent the business of the court may permit.
( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )
1 issue framed by the court
Whether bail should be granted under Section 439 CrPC given prima facie incriminating material and grave charges of attempt to murder.
2 provisions across 2 enactments
Biswajit Gorai
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
