Sk.Chand v. State Of West Bengal

April 10, 2025 28 ARDR (Rejected) CRM(DB) 753 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ekbalpore Police Station/DD Case No. 512 of 2022 dated 02/11/2012 under Sections 120B/342/365/395 and charge sheet submitted under Sections 120B/170/365/342/395/34 of the Indian Penal Code. And In Re :

Sk. Chand ... Petitioner.

Adv. Souvik Mitter, Adv. Ipsita Ghosh, ... for the petitioner.

Adv. Debasish Roy, Ld. PP, Adv. Ranabir Roy Chowdhury, Adv. Arijit Ganguly, Adv. Koushik Kundu, ... for the State.

The petitioner is in custody for about two years and five months and seeks parity with some of the co-accused who are not police personnel, stand on the same footing as the petitioner and have been granted bail earlier.

Opposing the prayer, learned counsel for the State submits that the petitioner is the principal accused who intercepted the victims and was at the helm of the entire incident. He has been seen in the C.C.TV footage of the hotel where the victims were taken by the petitioner and others. The prosecution proposes to examine thirty out of forty charge sheeted witnesses. Considering the material on record as well as the nexus of the petitioner with the alleged offence as also his period of detention, this Court is of the view that it is not a fit case where the petitioner can be released on bail at this stage since he does not stand on the same footing as the co-accused who have been granted bail earlier.

Accordingly, the prayer for bail is rejected, at this stage. The application for bail is disposed of.

Case Diary be 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.)