Ruhul Amin v. State Of West Bengal

32.

12.03.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 263 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Harishchandrapur Police Station Case No.385/2022 dated 15.05.2022 under Sections 302/201/120B/34 the IPC, 1860.

And In the matter of: - Ruhul Amin.

.....petitioner.

Mr. Md. Wasim Akram ...for the petitioner.

Mr. Asfak Ahammed ...for the de-facto.

Ms. Amita Gaur, Ms. Singdha Saha ....for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he has been falsely implicated. He has no role to pay in the alleged offence of abduction and murder. He is in custody for 8 (eight) months. He seeks bail.

2. Learned State advocate and learned advocate for the de-facto complainant strongly oppose the bail prayer. They draw our attention to the material in the case diary. We have seen statements of witnesses recorded under Section 161 Cr.P.C. They implicate the petitioner by name.

3. The petitioner says that he claims parity with Md. Dulal @ Saddam Hossain, who was granted bail on June 8, 2023 by a coordinate bench in CRM (DB) 2156 of 2023. We are not of the view that the petitioner stands on the same footing as Saddam Hossain since the petitioner was absconding for more than two years. His absconsion caused delay in the trial. If granted bail, there is likelihood that the petitioner may abscond again. In view of the aforesaid and in view of his prima facie complicity in the alleged offence, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

4. The prayer for bail is, thus, rejected.

5. CRM (DB) 263 of 2025 is disposed of.

(Arijit Banerjee, J.) (Om Narayan Rai, J.)