Calcutta High Court (Appellete Side)
Nikhil Roy vs The State Of West Bengal on 5 August, 2013
Author: Jayanta Kumar Biswas
Bench: Tarun Kumar Gupta, Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Jayanta Kumar Biswas and The Hon'ble Mr Justice Tarun Kumar Gupta C.R.M. No.10814 of 2013 Nikhil Roy
-vs-
The State of West Bengal Mr. Rajib Mukherjee ...for the petitioner Mr. Rajesh Jana ...for the State Heard on : August 5, 2013 Order on : August 5, 2013 Jayanta Kumar Biswas, J : The petitioner initially accused of an offence under s.325 IPC, then under s.308 IPC and lastly under s.304 IPC and in custody from June 30, 2013 is seeking bail under s.439 CrPC.
Advocate for the petitioner has submitted as follows. The petitioner is a registered conductor having unblemished record. His registration is valid and his antecedent is absolutely clean. His only son is a brilliant student.
Advocate for the State has produced the case diary and drawn our attention to the eyewitness statements at pp.25 and 27. He has said that the investigation is in progress.
The case diary materials, especially the eyewitness statements, fully support the prosecution case that the petitioner, the conductor of the bus, wilfully threw the deceased out of the moving bus. The deceased also gave his statement before the doctor in hospital. We are of the opinion that the prosecution has made out a very strong case. Having regard to the nature and 2 gravity of the offence and the strength of the prosecution case, we are of the view it is not a case for bail.
For these reasons, we dismiss the CRM. Everything said herein is only for the purpose of bail. Certified xerox.
(Jayanta Kumar Biswas, J) (Tarun Kumar Gupta, J) sb