Raju Biswas v. State Of West Bengal

30.01.2023 sdas rejected C.R.M. (DB) No. 344 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 784 of 2021 dated 05.10.2021 under Sections 395/412 of the Indian Penal Code.

And In Re : Raju Biswas ..... petitioner Ms. Sananda Bhattacharyya ... for the petitioner Mr. Madhusudan Sur, learned APP Mr. Manoranjan Mahata ... for the State Learned Counsel for the petitioner submits he is in custody for over 400 days. It is also submitted that co-accuseds are on bail. He prays for bail.

Learned Counsel for the State opposes the prayer for bail and submits petitioner was identified in test identification parade.

We have considered the materials on record. Petitioner was identified in the course of test identification parade. He does not stand on the same footing with the co-accused who has been granted bail. On the other hand, bail prayer of the coaccused, similarly circumstanced with the petitioner, had been turned down in CRM (DB) 64 of 2023. Under such circumstances, we are not inclined to grant bail to the petitioner. The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)