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Chhotu Yadav v. The State Of West Bengal

Chhotu Yadav v. The State Of West Bengal

(High Court Of Calcutta - Appellate Side)

Criminal Miscellaneous Case No. 11678 Of 2018 | 02-01-2019

1. Petitioner is in custody since 8th June, 2018 and it has been pleaded in the petition that he is innocent and investigation is complete.

2. Learned lawyer appearing for the State opposes the prayer for bail and submits that the petitioner had abducted his sister-in-law and killed her. Deadbody was recovered pursuant to the leading statement of the petitioner.

3. We have considered the materials on record. We note that co-accused persons who are on bail do not stand on the same footing with the petitioner at whose instance the deadbody of the victim had been recovered. Hence, we are not inclined to grant bail to the petitioner at this stage.

4. The prayer for bail is, accordingly, rejected.

5. Trial Court is directed to commit the case to the Court of Sessions as expeditiously as possible, if not already done.

Advocate List

  • For the State : Mr. Abhra Mukherjee,

  •                         Mr. Dipankar Mahato

Bench
  • HON'BLE JUSTICE RAVI KRISHAN KAPUR
  • HON'BLE JUSTICE JOYMALYA BAGCHI
Eq Citations
  • LQ/CalHC/2019/89
Head Note

Criminal — Bail — Application rejected — Petitioner in custody since 08.06.2018 — Investigation complete and co-accused persons on bail — However, petitioner not on same footing as co-accused since deadbody of victim was recovered on his leading statement — Trial Court directed to commit case to Court of Sessions expeditiously if not already done.