An Application For Bail Under … vs In Re: Kamalesh Roy @ Mahato on 4 September, 2017




ap C.R.M. 8276 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 22.08.2017 in connection with
Mahestala Police Station Case No. 210 of 2014 dated 20.03.2014
under Sections 498A/307/34 of the Indian Penal Code and adding
Section 302 of the Indian Penal Code.

In re: Kamalesh Roy @ Mahato. … Petitioner

Mr. Angshuman Chakraborty. …… for the petitioner

Mr. Saswato Gopal Mukherjee, Ld. PP,
Mrs. Amita Gaur. …. for the State

Heard the learned counsel appearing on behalf of the

respective parties. Perused the case diary.

The petitioner is in custody for 1270 days. Charge-sheet has

been submitted. Charge has already been framed and out of 25

prosecution witnesses, three have already been examined.

It is submitted by the learned Advocate appearing on behalf of

the petitioner that out of three charge-sheeted accused persons, bails

have been granted to two other accused persons. It is further

submitted by him that further custodial detention of the petitioner is

no longer required.

Our attention has been drawn by the learned Public

Prosecutor towards the statement made by the victim housewife on

March 20, 2014 to submit that according to that statement, her

husband was the person responsible to set her on fire pouring

kerosene on her body.

On perusal of the aforesaid materials in the case diary, we find

that the petitioner is the husband of the victim housewife and that

the co-accused persons, who have been granted bail, they are the

sister-in-law of the victim housewife and her husband.

On further perusal of the aforesaid materials in the case diary

and in particular the above statement of the victim housewife as also

taking into consideration that the trial has already been commenced,

we are not inclined to allow the prayer for bail of the petitioner in

granting bail.

This application for bail is dismissed accordingly.

(Debasish Kar Gupta, J.)

(Ashis Kumar Chakraborty, J.)

Leave a Comment

Your email address will not be published. Required fields are marked *