The High Court considered an application for bail filed by the petitioner under Section 439 CrPC in a dacoity case. The Court found sufficient incriminating materials and highlighted the gravity of the offence, leading to the rejection of the bail prayer.
Prayer for bail under Section 439 CrPC is rejected.
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11.01.2023. 34. Ct.No.28 as (Rejected)
C.R.M. (DB) 64 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Shantipur P.S. Case No.784 of 2021 dated 05.10.2021 under Sections 393/412/395 of the Indian Penal Code.
In the matter of : Sri Subrata Roy @ Tera @ Takla.
… Petitioner.
Mr. Debasis Kar. …for the Petitioner. Mr. Swapan Banerjee, Ms. Purnima Ghosh. ...for the State.
Petitioner is in custody for 377 days. He submits he has been falsely implicated in the instant case. He prays for bail.
Learned Senior Government Advocate opposes the prayer for bail. He submits petitioner was identified in the T. I. Parade. Stolen mobile phone was recovered pursuant to the disclosure statement of the petitioner.
We have considered the materials on record. There are sufficient incriminating materials against the petitioner in committing dacoity.
In view of the aforesaid materials on record and gravity of offence, 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
3 issues framed by the court
Whether bail is maintainable for the petitioner who is in custody for 377 days in a dacoity case.
Whether the recovery of the stolen mobile phone and positive identification justify rejection of bail.
Whether the gravity of the offence precludes the grant of bail under Section 439 CrPC.
2 provisions across 2 enactments
Sri Subrata Roy
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
