Dharmendra Singh And ORS v. State Of West Bengal

CRM No.1777 of 2021 Via video conference 22.04.21 (S.R.) Sl.127 Ct.28 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Khardah Police Station Case No.457 of 2019 dated 22.08.2010 under Sections 326/307/302/34 of the Indian Penal Code and Sections 25/27 of Arms Act; And In re: Dharmendra Singh & Ors.

... for the petitioners.

Mr. Debasis Kar ... for the petitioners.

Mr. Madhusudan Sur, APP Mr. Dipankar Paramanick ...for the State.

The learned advocate for the petitioners submits that the petitioners due to miscommunication could not attend the Court and as such, he was arrested pursuant to warrant being issued. The petitioners are in custody since 30th January, 2018 and only two witnesses have been examined till date. According to the learned advocate, the evidence which has surfaced before the learned trial court do not make out any case against the present petitioners. Learned advocate appearing for the State opposes the petitioners' prayer.

We have perused the materials on record including the earlier order passed in CRM No.6247 of 2020 which categorically states that there are involvement of the petitioners in the alleged crime and they have absconded for a considerable period. We also find that the case was registered in the year 2010 and the petitioners have come within the purview of law in the year 2018.

Having regard to the conduct of the present petitioners as well as the evidence, which are appearing against them, we are not inclined to release the petitioners on bail.

Accordingly, the application for bail being CRM No.1777 of 2021 is rejected.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)