Rahul Paswan v. The Central Bureau Of Investigation

22.03.2022 Serial no.54 [Dd] (Bail Rejected) CRM (DB) 711 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Jagaddal Police Station Case No. 337 of 2021 dated 02.05.2021 and reinvestigated by the CBI in FIR No. RC0562021S0027 (CBI/DSPE/SCB/Kolkata) of 2021 dated 28.08.2021 under Sections 302/34 of the Indian Penal Code and 25/27 of the Arms Act.

-AndIn the matter of : Rahul Paswan ... ...Petitioner Mr. Souma Subhra Ray, Advocate ... ... For the Petitioner Mr. Y. J. Dastoor, ld. ASG Mr. Phiroze Edulji, Mr. Samrat Goswami, Advocates ... ...For the CBI Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is 19 years of age. The petitioner is not named in the First Information Report. His name does not transpire from the statement of the brother of the victim recorded under Section 164 of the Criminal Procedure Code. His name transpires for the first time from a statement of the uncle of the victim recorded under Section 164 of the Criminal Procedure Code. No specific role was attributed to the petitioner in such statement also. The police filed charge sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the Central Bureau Investigation submits that although a charge sheet was submitted, the CBI are continuing with the investigations.

According to him, the victim was soft point blank by the assailant. The petitioner was part of the assembly. Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that CBI is yet to conclude the investigations, we are not inclined to grant bail to the petitioner at this stage. Consequently, prayer for bail of the petitioner is rejected.

CRM (DB) 711 of 2022 is dismissed.

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