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Calcutta High Court (Appellete Side)

In Re:- Binoy Biswas vs Re: An Application For Bail Under ... on 7 April, 2017

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

                                                                 1

39 7.4.2017

C.R.M. No.2842 of 2017 p.d.

In re:- Binoy Biswas .... Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 4.4.2017 in connection with Dhantala Police Station Case No.141/2016 dated 20.5.2016 under Section 326A/120B of the Indian Penal Code.

Ms. Sreyashee Biswas, Mr. Debajit Kundu ... For the petitioner.

Mr. Neguive Ahmed, Mr. Navanil De .... For the State.

Heard the learned Advocates appearing on behalf of the parties. The learned Counsel for the petitioner submits that her client is in custody for 316 days and lastly, the petitioner's prayer for bail was rejected on January 3, 2017 by a Co-ordinate Bench of this Court in connection with CRM No.10684 of 2016. She further submits that the co-accused, whose name transpired from the statement of the victim recorded under Section 164 Cr.P.C., has been discharge from this case.

However, the prayer for bail is opposed from the side of the State.

Now, going through the case diary, we find that this is a case of acid attack and the victim before her attending Doctor at the Hospital, disclosed the name of the present petitioner, as the person, who threw the acid.

Now considering the nature of the injuries and having regard to the fact that date has already been fixed for taking up the matter for 2 consideration of the question of framing of charge, we are of the opinion that this is not a fit case for bail.

Accordingly, the application for bail stands rejected.

(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J.)