Noyaj Ali Khan @ Nuaj Kha v. State Of West Bengal
C.R.M. (DB) 925 of 2022 07.04.2022 (AD) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No.18 of 2020 dated 12.01.2020 under Sections 302/34 of the Indian Penal Code. S.C. case no.34/2020. S.T. no.07/2021. And Court No.29 (Rejected) In the matter of: Noyaj Ali Khan @ Nuaj Kha ....petitioner.
Mr. Kallol Mondal Mr. Asraf Mandal Mr. Krishan Ray Mr. Souvik Das Mr. A. Banerjee ...for the petitioner.
Mr. Swapan Banerjee Ms. Purnima Ghosh ... for the State.
Mr. Sourav Mukherjee ... for the de facto complainant.
Petitioner renews the prayer for bail.
Learned Advocate appearing for the petitioner submits that there are discrepancies in the statements recorded under Section 164 of the Code of Criminal Procedure. He highlights the period of detention of the petitioner.
State is represented.
This is the third application for bail.
Earlier two applications were rejected on June 26, 2020 and January 18, 2021. The same point of the alleged dichotomy in the statements recorded under Section 161 and 164 of the Code of Criminal Procedure was sought to be highlighted. There is hardly any change in circumstances subsequent to the earlier order of rejections. Consequently, we are unable to enlarge the petitioner on bail.
Accordingly, the prayer for bail of the petitioner is rejected.
C.R.M. (DB) 925 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)