Jul Hossain Sk@ Patol v. State Of West Bengal And ORS.

33.

12-08-2021 (ct. no.32) debajyoti CRM 2509 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No.224 of 2020 dated 18-08-2020 under Sections 498A/304B/34 of the Indian Penal Code.

- A n d - In the matter of : Jul Hossain Sk @ Patol .... Petitioner.

Mr. Sekhar Kumar Basu, Mr. Abhijit Ganguly ... For the Petitioner.

Mr. Saswata Gopal Mukherji, learned Public Prosecutor, Ms. Zareen N. Khan, Ms. Sreeparna Das ... For the State.

Mr. Asraf Mandal ... For the defacto complainant.

The petitioner's prayer for bail was rejected by a coordinate Bench of this Court on January 25, 2021 in CRM 9955 of 2020. The petitioner renews his prayer for bail. It is submitted that the petitioner is in custody for about 350 days. All the other co-accused have been granted bail. Charge-sheet has been submitted. Further detention of the petitioner is not required.

The State opposes the prayer for bail and refers to statements of witnesses recorded under Section 161 of the Code.

We have perused the material in the Case Diary. The petitioner's prayer was rejected as recently as on 25th January, 2021 and there has been no material change in circumstances of the case warranting a favourable order at

this stage. Sufficient incriminating material has prima facie transpired against the petitioner during investigation and the co-accused persons, who have been granted bail earlier, do not stand on a similar footing with the petitioner. Having considered the material in the Case Diary and the nature and gravity of the allegation against the petitioner, we are not inclined to allow the prayer for bail of the petitioner at this stage.

The application for bail being CRM 2509 of 2021 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )