Md Intiaz @ Pintu v. State Of West Bengal

23.03.2022 Serial no. 35 [G.S.D] CRM (DB) 791 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Sessions Case No. 147 of 2021 arising out of Ausgram Police Station Case No. 283 of 2021 dated 08.09.2021 under Sections 302/307/120B of the IPC under Section 25/27/35 of the Arms Act.

-AndIn the matter of : Md. Intiaz @ Pintu ... ... Petitioner Mr. Sanat Kr. Das Mr. Sujan Chatterjee, Advocates ... ... For the Petitioner Mr. A. De .... For the complainant Mr. Madhusudan Sur Mr. Dipankar Paramanick, Advocates ... ...For the State The petitioner renews the prayer for bail.

The petitioner submits that the other co-accused was enlarged on bail and the petitioner stands on a better footing if not of the same footing as that of those petitioners who were enlarged on bail.

Learned Advocate for the State submits that one of the co-accused was denied bail by this Court on February 17, 2022 in CRM (DB) 448 of 2022. He submits that the petitioner and the other accused are on the same footing as that of the co-accused who was denied bail on February 17, 2022 in CRM(DB) 448 of 2022.

Considering the materials in the case diary including the statement recorded under Section 164 of the Cr.P.C. which names the petitioner herein as complicit in the offence

it cannot be said that Md. Pappu and the petitioner stand on the same footing.

Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.

The prayer for bail of the petitioner is rejected. CRM (DB) 791 of 2022 is disposed of.

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