Calcutta High CourtCRM (DB)/108/2025rejected

Sk. Motiul @ Sk. Matiul @ Anna @ Anand v. The State Of West Bengal

2025-02-19Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

49.

19-02-2025 CRM (DB) 108 of 2025 (ct. no.29) S. De (Rejected) In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Sk. Motiul @ Sk. Matiul @ Anna @ Anand. ......Petitioner.

Mr. Navanil De, Mr. S. Dey, Mr. Shoumilya Mazumder, ......for the Petitioner.

Mr. Partha Pratim Das, Ms. Trisha Rakshit, ......for the State.

Dictated by Apurba Sinha Ray, J.

1. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. Other accused persons including the principal accused have been granted bail by this Bench. The petitioner is standing on the same footing with the other accused persons who are granted bail. There is no chance of an early conclusion of the trial since prosecution wishes to examine 35 more witnesses. He is in custody for about 11 months. Considering the period of detention and also the fact that there is no chance of early conclusion of the trial, he may be granted bail on any condition.

2. Learned counsel for the State opposes the prayer for bail. According to him, there are sufficient incriminating materials against the present petitioner and also he had absconded for a considerable period of time.

3. We have gone through the materials-on-record and we find that in spite of his rejection of the anticipatory bail, he did not

surrender and filed a revisional application which was also dismissed. However, we find that there are sufficient incriminating materials against the present petitioner and if he is enlarged on bail, he may again abscond. The present petitioner is not similarly circumstanced with the other accused persons who were granted bail by this Court.

4. Accordingly, CRM (DB) 108 of 2025 is dismissed.

5. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)