Md. Rinku v. State Of West Bengal

23.08.2021 Item no.24.

Court No.32.

AB (Rejected) (Via Video Conference) CRM No. 2300 of 2021 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 25.02.2021 in connection with Jagacha Police Station Case No.38 of 2020 Dated 18.2.2020 under Sections 302/201 of the Indian Penal Code And In the matter of : Md. Rinku ......Petitioner.

Mr. S. Basu Roychoudhury ......for the Petitioner. Mr. Ranabir Roychoudhury, Mr. Rudradipta Nandy ......for the State. The petitioner is in custody for 553 days and prays for bail. It is submitted on behalf of the petitioner that he stands on the same footing as the co-accused, who has been granted bail by this Court earlier. Charge sheet has been submitted. The petitioner has been falsely implicated and has no involvement in the alleged offence.

The State opposes the prayer for bail and refers to several documents in the case diary including the seizure list and statements of witnesses recorded under Section 161 of the Code.

We have considered the material in the case diary. It prima facie appears that incriminating material was seized from the rented accommodation of the petitioner. The petitioner appears to be a resident of Patna and it is not unlikely that he may abscond, if granted bail, at this stage.

Having considered the material on record, place of residence of the petitioner and prima facie involvement of the petitioner in the alleged crime, we are not inclined to grant him bail, at this stage.

The prayer for bail stands rejected.

C.R.M. No.2300 of 2021 is, accordingly, dismissed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)