Mustakin Molla@Sk v. State Of West Bengal

08.03.2021 Item no.14 Court No.28 Avijit Mitra C.R.M. 645 of 2021 (through video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Karimpur Police Station Case No.243 of 2020 dated 11.10.2020 under Sections 302/120B/201/34 of the Indian Penal Code;

And In Re : Mustakin Molla @ Sk.

.... Petitioner Mr. Kallol Mondal, Mr. Amanul Islam, Mr. Sourav Mukherjee ...for the petitioner Mr. Neguive Ahmed, Ms. Amita Gaur ...for the State Mr. Mondal, learned advocate appearing for the petitioner submits that the allegations levelled against the petitioner are unfounded. The materials would not disclose the involvement of the petitioner in the alleged offence. Upon completion of investigation chargesheet has also been submitted and as such, further detention of the petitioner, who is in custody for 136 days, is not required. He further submits that the husband of the deceased and another Gaffarul Sk. being minor have already been granted bail.

Mr. Ahmed, learned advocate appearing for the State opposes the petitioner's prayer and submits that the seizure was effected on the basis of a leading statement of the petitioner and in support of his contention he has

drawn our contention to the seizure list and the statement of the petitioner herein.

Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in favour of the petitioner and as such, the prayer for bail is rejected at this stage.

Accordingly, the application being C.R.M. No.645 of 2021 is dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)