The Division Bench considered a bail application under Section 439 CrPC. The petitioner, already in custody for 80 days, alleged he was a secondary accused. The court rejected the plea due to the brutality of the murder of four family members and the petitioner's involvement.
Petition for bail rejected.
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11.01.2023. 32. Ct.No.28 as (Rejected)
C.R.M. (DB) 60 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Howrah P.S. Case No.373 of 2022 dated 11.08.2022 under Sections 302/34 of the Indian Penal Code.
In the matter of : Debraj Ghosh.
… Petitioner.
Mr. Abhijit Kr. Adhya. …for the Petitioner. Ms. Zareen N. Khan, Md. Kutubuddin. ...for the State.
Petitioner is in custody for 80 days. He submits he is not the principal accused. He prays for bail.
Learned Advocate for the State opposes the prayer for bail.
We have considered the materials on record. Statements of witnesses show petitioner and his wife i.e. the co-accused had brutally murdered four of their family members.
In view of the gravity of offence and involvement of the petitioner therein, we are not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected.
(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)
2
2 issues framed by the court
Whether bail should be granted to the petitioner accused of murdering four family members.
Whether the gravity of the offence and involvement preclude bail under Section 439 CrPC.
2 provisions across 2 enactments
Debraj Ghosh
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
