Gajibor Sk @ Kajibor And ANR. v. State Of West Bengal

51.

18.03.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 363 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 Khargram Police Station Case No.340/2024 dated 15.09.2024 under Sections 329(4)/117(2)/118(2)/109/103(1)/61(2) the BNS, 2023. And In the matter of: - Gajibor Sk. @ Kajibor & Anr. .....petitioner.

Ms. Minoti Gomes, Mr. Md. Hafiz Ali, Mr. Debojyoti De ...for the petitioner.

Mr. Manas Kr. Das ....for the de-facto.

Mr. Suman De, Mr. Sachit Talukdar ....for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that they have been falsely implicated. They have no or no major role to play in the alleged offence. They are in custody for about 6 (six) months. Investigation is complete. The prime accused persons are one Janbor Sk. and one Delbar Sk. as stated by the father of the deceased victim in his statement recorded under section 164 Cr.P.C. They pray for bail.

2. Opposing the prayer for bail, learned State advocate and learned advocate for the de-facto complainant draw our attention to the

material in the case diary. We have seen the post-mortem report and the injury report. We have also seen the statement of the deceased victim's father. We find that these two petitioners also had a role to play in assaulting the deceased victim and several injured persons.

3. In view of the, prima facie, incriminating materials against the petitioners, and finding that some other accused persons are absconding, we are not inclined to entertain the petitioners' prayer for bail, at this stage.

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

5. CRM (DB) 363 of 2025 is disposed of.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)