In Re application for bail under Section 439 CrPC. Court rejected the renewal of bail as witness statements implicate the petitioner, earlier bail was rejected on merits, and no change in circumstances was established.
Bail prayer rejected; petitioner remains in custody.
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05.01.2023 Sl. No.11 akd [Rejected]
C. R. M. (DB) 2 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.12.2022 in connection with Arambagh Police Station Case No.295 of 2020 dated 07.08.2020 under Sections 341/325/326/307/302/379/427/506/34 of the Indian Penal Code read with Sections 3/4 of the Explosive Substance Act and Sections 25/27 of the Arms Act.
And
In Re: Monimohan Singh @ Moni Mohan Singh @ Manimohan Singh
… … Petitioner
Ms. Priti Kar
… … for the petitioner
Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mrs. Sonali Das
… … for the State
Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about 180 days.
Learned Additional Public Prosecutor opposes the prayer for
bail.
We have considered the materials on record. Statements of witnesses implicate the petitioner. His bail prayer was rejected earlier on merits. There is no change in circumstance since then. Hence, 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.)
2 issues framed by the court
Whether bail should be granted to the petitioner who has been in custody for about 180 days given that his earlier bail prayer was rejected on merits and no change in circumstance has been shown.
Whether the statements of witnesses implicating the petitioner justify rejections of the bail application at this stage.
4 provisions across 4 enactments
Monimohan Singh @ Moni Mohan Singh @ Manimohan Singh
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
