The Court rejected an application for bail filed by Dipak Roy under Section 439 Cr.P.C. The Court noted the gravity of the murder charge and the petitioner's principal role, distinguishing him from co-accuseds on bail, and declined to grant bail.
Application for bail under Section 439 Cr.P.C. rejected.
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02.01.2023 3 sdas rejected
C.R.M. (DB) No. 4524 of 2022
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Narkeldanga Police Station Case No. 126 of 2022 dated 07.04.2022 under Sections 302/201/34 of the Indian Penal Code.
And
In Re : Dipak Roy ….. petitioner
Mr. Raja Satyajit Banerjee Ms. Krishnika Chatterjee
…. for the petitioner
Mr. Rudradipta Nandy, learned APP Mr. Subrato Roy
….. for the State
Learned Counsel appearing for the petitioner submits he is in custody for 270 days. It is also submitted that co-accuseds viz. Mehilal Chowdhury @ Mehrilal Chowdhury and Vijay Lal @ Vijay Kumar @ Vijay Kumar Lal are on bail. Petitioner prays for bail.
Learned Counsel appearing for the State opposes the prayer for bail.
We have considered the materials on record. Statements of witnesses show petitioner had assaulted the deceased. He does not stand on the same footing with co-accuseds viz. Mehilal Chowdhury @ Mehrilal Chowdhury and Vijay Lal @ Vijay Kumar @ Vijay Kumar Lal who have been enlarged on bail. In view of gravity of the offence and the principal role played by the petitioner in the murder of the victim, we are not inclined to grant bail to the petitioner at this stage.
2
The application for bail is, thus, rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether bail should be granted to the petitioner charged with murder given the gravity of the offence and the deceased's role in the incident.
2 provisions across 2 enactments
Dipak Roy
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
