Single judge bail application under Section 439 CrPC regarding assault causing injury to vital body part was rejected. The court held gravity of offence precluded bail.
The application for bail was rejected.
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10.01.2023 Sl. No.20 akd [Rejected]
C. R. M. (DB) 58 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.01.2023 in connection with Basirhat Police Station Case No.479 of 2021 dated 13.07.2021 under Sections 341/326/307/506/34 of the Indian Penal Code.
And
In Re: Aditya Das
… … Petitioner
Mr. Dipayan Kundu
… … for the petitioner Ms. Faria Hossain Mr. Anand Kesari
… … for the State
It is submitted on behalf of the petitioner that he is in custody
for about 198 days.
Learned Advocate for the State opposes the prayer for bail.
We have considered the materials on record including the
injury report. Petitioner had assaulted the victim with a screw driver in the abdomen which is a vital part of the body. In view of the aforesaid circumstances 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 .
(Ajay Kumar Gupta, J.)
(Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail is maintainable for a petitioner accused of assaulting the victim with a screwdriver on vital parts, resulting in requisite injury.
Whether the gravity of the offence with assault on a vital part precludes the grant of bail.
2 provisions across 2 enactments
Aditya Das
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
