Shib Shankar Sarkar @ Shib v. State Of West Bengal

C.R.M. (DB) 670 of 2022 (AD) 14.03.2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gangarampur P.S. Case No.268 of 2021 dated 22/07/2021 under Sections 302/34 of the Indian Penal Code.

And Court No.29 (Rejected) In the matter of: Shib Shankar Sarkar @ Shib ....petitioner.

Ms. Suman Snehanabis Mr. Jaya Brata Ghose ...for the petitioner.

Mr. Neguive Ahmed, Ld. APP Ms. Ayantika Ray ... for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 208 days. The police submitted charge sheet. Therefore, further detention of the petitioner is not required. The petitioner is not named in the First Information Report. She submits that the name of the petitioner was introduced in the statement recorded under Section 164 of the Code of Criminal Procedure for the first time. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary and to the statement recorded under Section 164 of the Code of Criminal Procedure.

In the statement recorded under Section 164 of the Code of Criminal Procedure, the petitioner is named as one of the persons involved.

Considering the gravity of the offence and the

involvement of the petitioner therein as transpiring from the materials available in the case diary including the statement recorded under Section 164 of the Code of Criminal Procedure, we are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 670 of 2022 is dismissed.

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