Saidur Rahaman v. State Of West Bengal

C.R.M. (DB) 229 of 2022 (AD) 02.02.2022 Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Harishchandrapur P.S. Case No.755 of 2020 dated 02/11/2020 under Sections 302/201/34 of the Indian Penal Code.

And (Rejected) In the matter of: Saidur Rahaman ....petitioner.

Mr. Sagar Saha ...for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ... for the State.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 456 days. The police submitted charge sheet. He draws the attention of the Court to the fact that the petitioner is 18 years of age. He submits that the father of the petitioner and the petitioner stand on a different footing. The petitioner is sought to be proceeded against on the basis of circumstantial evidence.

Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary. He submits that there are materials, which implicate the petitioner also apart from his father.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case

diary and considering the fact that there is hardly any change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 229 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)