The Calcutta high court on Monday rejected the bail plea of Ram Mudi who is alleged to be a co-conspirator in the Jnaneswari Express derailment case.
A division bench comprising Chief Justice J N Patel and Justice A K Roy rejected the petition of Mudi who has been in custody for over 200 days.
Mudi was charged under sections 302 (murder), 307 (attempt to murder) and 120B (conspiracy) by the CBI, whose officers arrested him on September 3 last year.
Mudi's counsel submitted before the bench that his name did not figure in the confessional statement of main accused Bapi Mahto and that he was not present at the mishap site.
Opposing the bail prayer, CBI counsel Himangshu Dey submitted that Mudi had been in constant touch with Mahto before and after the derailment on the cell phone and the SIM card had been recovered from a pit at his residence where he had hidden the mobile set.
The court, however, directed another accused Hiralal Mahto to move the trial court when his counsel Siladitya Sanyal submitted that the accused was underage by three days on the date of occurrence and as such he should be tried at the juvenile court.
The Jnaneswari Express mishap took place on May 28 last year in which 149 people were killed.
The CBI is probing a sabotage angle that might have led to the derailment of the Howrah-Mumbai express train as it was hit by a goods train approaching from the opposite side. Several persons have been arrested in connection with the incident.