Md Azad @ Kalli v. State Of West Bengal
01.04.2022 Serial no.52 [Dd] (Bail Rejected) CRM (DB) 873 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Shibpur Police Station Case No.
of dated 16.11.2020 under Sections 326/307/302/120B of the Indian Penal Code read with Sections 25/ 27 of the Arms Act. Charge sheet being no. 35/2021 submitted under Sections 326/307/302/114/120B of the Indian Penal Code read with Sections 25(1)(b)(a)/27 of the Arms Act giving rise to S.T. 16/2021.
-AndIn the matter of : Md. Azad @ Kallu ... ...Petitioner Mr. Suman De, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Monoranjan Mahato, Advocates ... ...For the State Mr. Bitasok Banerji, Advocate ... ...For the de facto complainant Petitioner seeks bail.
Learned advocate appearing for the petitioner submits that the petitioner is in custody for 457 days. The petitioner is alleged to be a conspirator. The police filed charge sheet. Therefore, further detention of the petitioner is not required.
Learned advocate appearing for the State submits that a firearm was recovered from the petitioner. A person was murdered and another grievously hurt. The bullet from one of the victims matched with the firearm recovered from the possession of the petitioner. The trial is in progress. There are at least six criminal antecedents so far as the petitioner is concerned.
De facto complainant is represented.
Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary and considering the criminal antecedents of the petitioner, we are not inclined to grant bail to the petitioner.
Prayer for bail of the petitioner is rejected. CRM (DB) 873 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)