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Calcutta High CourtCRM (DB)/88/2022dismissed

Fansur Sk Alias Funsur Sk v. State Of West Bengal

2022-01-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

28.01.2022 Serial no.104 Aloke (Through Video Conference) Ct. No. 29 CRM (DB) 88 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 07.01.2022 in connection with Raghunathganj Police Station Case No. 313 of 2019 dated 05.07.2019 under Sections 447/326/307/302/120B of the Indian Penal Code. -AndIn the matter of : Fansur Sk. @ Funsur Sk. ... ...Petitioner Mr. U.A. Dewan, Advocate Mr. Asif Dewan, Advocate ... ... For the Petitioner Ms. Z. N. Khan, Advocate Mr. Ashok Das, Advocate ... ... For the State Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the Court should take into account the period of detention of the petitioner and the statement recorded under Section 164 of the Code of Criminal Procedure.

Learned Advocate appearing for the State draws the attention of the Court to the earlier order of rejection dated November 15, 2021 in CRM 7260 of 2021. The Court should take into account the role of the petitioner in the incident.

Considering the fact that there is hardly any change in circumstances subsequent to the order of rejection dated November 15, 2021 the gravity of the offence and the involvement of the petitioner therein we are not inclined to grant bail to the petitioner.

Consequently, CRM (DB) 88 of 2022 is rejected. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)