Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Buddhadeb Nandy @ Challu Babu - on 14 November, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 4.11.11
jb.
A.S.T. 1752 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 20.10.2011 in connection with Jagacha P.S. Case No. 456/10 dated 8.11.2010 under Section 302/201/34 of the Indian Penal Code and Sections 25/27 of the Arms Act.
And In the matter of : Buddhadeb Nandy @ Challu Babu - Petitioner Ms. Koyeli Bhattacharya For the petitioner Mr. A. S. Chatterjee For the State It is submitted that the petitioner is in custody for 117 days. It is also submitted that Biswajit Nandy one of the co-accused persons has been granted bail by this Court.
On the other hand, learned Counsel for the State opposes the prayer for bail. Learned Counsel for the State draws our attention to the statement recorded under Section 164 of the Code of Criminal Procedure and submitted that in the said statement, the name of the said Biswajit Nandy has not been transpired, but participation of the present petitioner is very much there.
Considering the above and also the fact that the petitioner's prayer for bail was rejected very recently on 26th September, 2011, we are not inclined to consider the prayer for bail of the petitioner.
Accordingly, the prayer for bail is rejected.
(Ashim Kumar Roy, J.) { Shukla Kabir (Sinha), J.} 2