Zakir Hossain v. State Of West Bengal

CRM 1478 of 2021 06.04.2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 04.02.2021 in connection with Ratua Police Station Case No. 325 of 2020 dated 15.07.2020 under Sections 341/325/304/34 with added Section 302 of the Indian Penal Code. (G.R. Case No. 1479 of 2020) and In the matter of: Zakir Hossain ...... Petitioner Mr. Jyotirmoy Adhikary, Advocate ......for the Petitioner Mr. Sudip Ghosh, Advocate Mr. Apurba Kumar Dutta, Advocate ...... for the State Court No. 28 Item No. 146 snandy (REJECTED) The petitioner has filed the instant application for bail in connection with Ratua Police Station Case No. 325 of 2020 dated 15.07.2020 under Sections 341/325/304/34 with added Section 302 of the Indian Penal Code.

Though the case was registered on a grievous offence under Section 304 of the Indian Penal Code but subsequently the prosecution introduced Section 302 of the said Act at the time of filing chargesheet. There was a scuffle between the children of the first and second wife of the victim-husband who succumbed to the injury inflicted on him. After perusing the statements of the injured witnesses recorded under Section 164 of the Code of Criminal Procedure, we do not find it is a fit case where the petitioner should be enlarged on bail. As such, the prayer for bail is rejected.

The application being CRM 1478 of 2021 accordingly dismissed. (Harish Tandon, J.) (Tirthankar Ghosh, J.)