Calcutta High Court (Appellete Side)
Criminal Procedure vs In Re : Avijit Mondal @ Abhijit Mondal on 20 February, 2024
20.02.2024
29
sdas
CRM (DB) 342 of 2024
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure.
And
In Re : Avijit Mondal @ Abhijit Mondal ..... Petitioner
Mr. Sidharth Luthra, Sr. Adv.
Mr. Rajdeep Mazumder
Mr. Moyukh Mukherjee
Mr. Sayantan Sinha
.... for the petitioner
Mr. Rudradipta Nandy, learned APP
Mr. Madhusudan Sur, learned APP
Ms. Rita Dutta
... for the State
Mr. Sandipan Ganguly, Sr. Adv.
Mr. Jaydeep Biswas
Ms. Manaswita Mukherjee
Mr. Kaushik Ghosh
Mr. Swapnayu Basuri
... for the victim
1.Mr. Luthra, learned senior Counsel for the petitioner submits there is no direct evidence connecting the petitioner with the murder. Prosecution primarily relies on digital tracking reports to establish that a SIM Card which was used by the petitioner can be traced tailing the victim to the place of occurrence where he was murdered. He strenuously argues aforesaid evidence simpliciter cannot form basis of a charge of conspiracy. There is no material placed on record to show there was prior enmity between the petitioner and the victim or 2 meeting of minds between the petitioner and other conspirators. It is also contended there is little possibility of trial commencing in the near future as the investigating agency is carrying on further investigation with regard to roles of co-accused. Accordingly, he prays for bail.
2. Learned Counsel for the State seeks time to make submissions. He is directed to submit report disclosing the incriminating materials collected against the petitioner on the adjourned date.
3. Let the matter appear on 26.02.2024.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)