In Re Biplob Chandra Das: Application for bail under Section 439 CrPC rejected due to gravity of offence (murder/disappearance of minor), incriminating materials, and petitioner's motive, citing recovery of skeletal remains and prior chase.
Application for bail under Section 439 CrPC rejected.
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11.04.2023
Sl. No.1 akd [Rejected]
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Port Blair
C. R. M. (DB) 10 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.03.2023 in connection with Diglipur Police Station FIR No.45 of 2022 dated 08.10.2022 under Sections 363/305 of the Indian Penal Code. (G.R. Case No.252 of 2022)
And
In Re: Biplob Chandra Das
… … Petitioner
Mr. D. Illango Mr. P. C. Das Ms. Soma Chowdhuri
… … for the petitioner
Mr. Saleem Mohammad
… … for the State
Heard the learned Advocates appearing for both the parties.
We have considered the materials on record including the contents in the case diary. It appears that the minor went missing and thereafter his skeletal remains were recovered. Petitioner had motive to commit the crime. He was seen chasing the victim immediately prior to his disappearance. In view of the aforesaid incriminating materials and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.
The application for bail is thus rejected.
Case diary be returned.
(Ajay Kumar Gupta, J.)
(Joymalya Bagchi, J.)
1 issue framed by the court
Whether bail should be granted in an FIR involving murder and disappearance of a minor?
2 provisions across 2 enactments
Biplob Chandra Das
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
