Rakib Sk v. State Of West Bengal

18.06.2021 SKB/AB CRM No. 2038 of 2021 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Gazole Police Station Case No. 86 of 2006 dated 29.05.2006 under Sections 363/376 of the Indian Penal Code.

And In Re:- Rakib Sk.

... Petitioner Mr. Parvej Anam ... for the petitioner Mr. Bidyut Kumar Ray, Mr. Mirja Firoj Beg ...for the State The learned advocate for the petitioner submits that his client is in custody since 7th January, 2021 in connection with the aforementioned case having no complicity to the alleged offence.

The learned advocate appearing for the State opposes the prayer for bail and submits that the petitioner was absconding for a pretty long time and could only be arrested on 7th January, 2021 and, therefore, there is every chance of his absconsion and apathy to face the trail. After hearing the respective counsels and on perusal of the materials placed before us, it is really shocking that the case of such nature which was registered way back in 2006, the petitioner was managed to abscond for nearly fifteen years. The arrest was made on 7th January, 2021

and, therefore, such conduct does not instil any confidence in us that the petitioner would not abscond further taking advantage of the bail granted at this stage. Accordingly, the prayer for bail is rejected.

The application for bail being C.R.M. 2038 of 2021 is dismissed.

(Harish Tandon, J.) (Subhasis Dasgupta, J.)