Calcutta High Court (Appellete Side)
Of The Indian Penal Code Adding Sections ... vs In Re : Sanjay Pramanik on 2 September, 2019
1 02.09.2019
tkm/ct 28 C.R.M. 7488 of 2019 sl no. 312
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 14.8.2019 in connection with Rajapur P.S Case no. 74 of 2019 dated 24.3.2019 under sections 302/201/120B of the Indian Penal Code adding sections 148/149/379/506 of the IPC And In Re : Sanjay Pramanik ........ petitioner Mr. Angsuman Chakraborty Mr. S. S. Saha ...... for the petitioner Mr. N. Ahmed Ms. Z. N. Khan ...... for the State Heard the learned advocates appearing for the parties. Petitioner is in custody for 156 days and it is submitted on behalf of the petitioner that he is not one of the assailants of the victim.
Learned lawyer for the State opposes the prayer for bail and submits that the victim made an oral dying declaration implicating the petitioner.
Having considered the materials in the case diary and bearing in mind the prima facie involvement of the petitioner as transpiring from the oral dying declaration of the victim and in view of the fact that he does not stand on the same footing as Kalosona Malik who has been enlarged on bail, we are not inclined to grant bail to the petitioner at this stage. 2 Accordingly, the prayer for bail is rejected. (Jay Sengupta, J.) (Joymalya Bagchi, J.)