Md. Ijad @ Suraj v. The State Of West Bengal

07.03.2024 tkm/ct 28 C.R.M. (DB) 743 of 2024 sl no. 32 In Re : An application for bail under section 439 Cr.P.C in connection with Tamluk PS case no. 829 of 2022 dated 14.9.2022 under sections 302/201/34 IPC and 25/27 of the Arms Act And In Re : Md. Ijad @Suraj ........ petitioner Mr. Milon Mukherjee, Sr. Adv ...... for the petitioner Mr. Soumik Ganguly ...... for the State

1. Petitioner is in custody for more than 400 days. He submits fire arm was recovered from him and the co-accused. Co-accused is on bail. He renews his bail prayer.

2. Learned lawyer for the State opposes the bail prayer.

3. We have considered the materials on record. Statements of eyewitnesses show petitioner had fired at the victim resulting in his death. He does not stand on the same footing with co-accused who is on bail.

4. Under such circumstances, we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)