A.K.DE,J. - (1.)THIS is an application for bail by one of the accused persons in G R Case No 790/71 of Uttarpara P. S. under Sections 364, 302/201/34 of the Indian Penal Code.
(2.)STATE opposed the prayer for bail.
The case for the prosecution is that Pradip and his friend Biswadeb left Howrah for Nabagram on the 30th May 1971 for attending Sradh of their friend Debu Banerjee's mother. When they did not return, enquiry was made from Debu's father and it was learnt that Bulan Chakraborty brought some young men to his house. No information, however, could be had 'of those young men. from Bulan, Nine dead bodies were discovered at Nabagram on the 31st may 1971. Police arrested a number of persons and produced twenty of them before the Magistrate on the 3rd June 1971; Petitioner Nirmal was produced in custody on the 5th August. 1971. He applied for bail before the Magistrate and the Sessions Judge who refused his prayers.

(3.)MR . Sadhan Gupta. Advocate appearing for the petitioner, submitted that the petitioner Nirmal is an employee at Calcutta Telephone Bhavan. has a large family of. 13 members depending on him; that the entire family will be financially ruined if he is further kept in hazat; that he regularly attended and did his duty at '23' Calcutta Telephone Exchange in May and from June to the 3rd August, 1971. He further submitted that the petitioner did not abscond or tamper with evidence and is not likely to abscond or tamper with evidence, that the petitioner has not been mentioned in F. I, R, or in first remand petition before the Magistrate.