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Calcutta High CourtCRM (DB)/733/2022dismissed

Jaynal Sk Alias Seikh Jaylal Alias Joylal Sk And ANR v. State Of West Bengal

2022-03-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (DB) 733 of 2022 16.03.2022 Sl. 55 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.03.2022 in connection with Salar P.S. Case No. 216 of 2021 dated 31.10.2021 under Section 302/286/120B of the Indian Penal Code and Sections 3/4 of Explosives Act.

And In the matter of: Jaynal Sk @ Seikh Jaylal @ Joylal SK & Anr. ....petitioners.

Mr. Shataroop Purkayastha Ms. Jagriti Bhattacharya ...for the petitioners.

Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...for the State.

Petitioners seek bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody in excess of 120 days. The police filed charge-sheet and, therefore, further detention of the petitioners are not required.

None of the eyewitnesses names the petitioners. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement recorded under Section 164 of the Criminal Procedure Code of the eyewitnesses which names the petitioners and described their complicity in the incident. Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary including the statements of the eyewitnesses recorded under Section 164 of the Criminal Procedure Code, we are unable to grant bail to the petitioners.

Accordingly, the prayer for bail of the petitioners is rejected.

C.R.M. (DB) 733 of 2022 is dismissed.

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