Asanul Mondal v. State Of West Bengal

01.02.2022 Serial no.31 Aloke (Through Video Conference) Ct. No. 29 CRM (DB) 111 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 Ausgsram Police Station Case No. 283 of 2021 dated 08.09.2021 under Section 302/307/120(b) of the Indian Penal Code and Section 25/27 of the Arms Act.

-AndIn the matter of : Asanul Mondal ... ...Petitioner Mr. Jisan Iquabal Hossain, Advocate ... ... For the Petitioner Mr. Neguives Ahmed, Advocate Ms. Amita Gaur, Advocate ... ... For the State Ms. Rajarshi Basu, Advocate Mr. Amajit De, Advocate ... ... For the de facto complainant Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that considering the period of detention of the petitioner of over 140 days and considering the fact that another co-accused was granted bail in CRM 8444 of 2021 on December 20, 2021, the petitioner should be enlarged on bail.

Learned Additional Public Prosecutor draws the attention of the Court to the Statement recorded under Section 164 of the Code of Criminal Procedure. He submits that the petitioner hired gunman for the purpose of committing the offence.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the petitioner stands on a different footing as that of the co-accused who was granted bail in CRM 8444 of 2021 on December 20, 2021, we are not inclined to grant bail to the petitioner.

Consequently, CRM (DB) 111 of 2022 is rejected. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)