Sk. Majibul @ Majibul Rahaman @ Sk. Mojibul v. The State Of West Bengal

24.04.2025 Item No.16 Ct.No.34 rc.

C.R.M. (DB) 752 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Kankartala Police Station Case No. 142 of 2023 dated 21.12.2023.

And In Re :

Sk. Majibul @ Majibul Rahaman @ Sk. Mojibul ... Petitioner Mr. Ayan Bhattacharya Mr. Kunal Ganguly ... for the Petitioner Mr. Ranadeb Sengupta Mr. Atanu Ghosh ... for the State The petitioner is in custody for more than one year and prays for bail.

Learned counsel for the petitioner submits that coaccused similarly circumstanced with the petitioner has been granted bail earlier. The alleged incident was a conjoint act of all the accused and the petitioner cannot be distinguished from the others who are on bail. Opposing the prayer, learned counsel for the State submits that the petitioner is the principal assailant who inflicted the fatal blow on the victim.

Bail prayer of the petitioner was turned down by this Court earlier considering the material on record. The petitioner is the principal accused who dealt the fatal blow and cannot be equated with the co-accused who were granted bail earlier.

Considering the gravity of the offence and prima facie involvement of the petitioner therein, prayer for bail is rejected at this stage.

The application is disposed of.

Case Diary is returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)