Muktar Hossain @ Sekh And ANR v. State Of West Bengal

C.R.M. (DB) 297 of 2022 17.02.2022 Sl. 28 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.01.2022 in connection with Raninagar P.S. Case No. 374 of 2021 dated 16.08.2021 under Sections 341/325/396/307/302/120B/34 of the Indian Penal Code and Sections 25/27 of the Arms Act and Sections 3/ 4 of the E.S. Act.

And In the matter of: Muktar Hossain @ Sekh & Anr. ....petitioners.

Mr. Jisan Iqubal Hossain ...for the petitioners.

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

Petitioners seek bail.

Learned advocate appearing for the petitioners submits that petitioners are in custody for seven months. Learned advocate for the petitioners submits that the petition is not being pressed so far as the petitioner no. 1 Muktar Hossain @ Sekh is concerned.

In such circumstances, CRM (DB) 297 of 2022 is dismissed as not pressed on behalf of the petitioner no. 1. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure which names the petitioners. Considering the fact that the statement of one of the injured recorded under Section 164 of the Criminal Procedure Code names both the petitioners and considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant bail to the petitioner no. 2 Selim Sk. @ Chottu.

Accordingly, the prayer for bail of the petitioner no. 2 is rejected.

C.R.M. (DB) 297 of 2022 is dismissed.

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