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Calcutta High CourtCRM (DB)/589/2022dismissed

Jamirul Sk @ Jamu @ Jamerul Islam v. State Of West Bengal

2022-03-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

03.03.2022 Serial no.46 Aloke Ct. No. 29 CRM (DB) 589 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 25.02.2022 in connection with Itahar Police Station Case No. 166 of 2015 dated 24.05.2015 under Sections 395/397/412/419 of the Indian Penal Code. -AndIn the matter of : Jamirul Sk @ Jamu @ Jamerul Islam ... ...Petitioner Mr. Anindya Ghosh, Advocate ... ... For the Petitioner Ms. Saibal Pabuli, ld. APP Mr. Arani Bhattacharyya, Advocate ... ... For the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 107 days. The police filed charge-sheet and charges were already framed. Therefore, further detention of the petitioner is not required. He submits that the petitioner stands on the same footing as that of the other co-accused who was granted bail on September 23, 2021 in CRM 5817 of 2021.

Learned Advocate appearing for the State submits that the petitioner does not stand in the same footing as that of other co-accused who was granted bail on September 23, 2021. The petitioner impersonated himself as police personnel. There are several criminal antecedents of the petitioner. The petitioner is the principal accused.

Considering the materials in the case diary and considering the involvement of the petitioner in the incident as appearing therefrom, we are of the view that the petitioner does not stand in the same footing as that of the other co-accused who was granted bail on September 23, 2021. Consequently, we are unable to grant bail to the petitioner.

CRM (DB) 589 of 2022 is rejected.

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