Akbar Sk. And ANR. v. State Of West Bengal

19.03.2024 tkm/ct 28 C.R.M. (DB) 831 of 2024 sl no. 47 In Re : An application for bail under section 439 Cr.P.C in connection with Kandi PS case no. 526 of 2022 dated 17.9.2022 under sections 302/201/120B/34 IPC And In Re : Akbar Sk & Anr.

........ petitioners Mr. K K Basu Mr. J Ul Firdous ...... for the petitioners Mr. Soumik Ganguly ...... for the State

1. Petitioners are in custody for more than a year. It is contended co-accused have been granted pre-arrest bail. They renew their bail prayer.

2. Learned lawyer for the State opposes the bail prayer. He submits petitioner called the victim.

3. We have considered the evidence on record. Statement of daughter of the deceased shows petitioner had called the victim who was subsequently murdered. Involvement of others is based on recovery of articles. Petitioner stands on a different footing from co-accused who have been granted anticipatory bail. Trial is in progress.

4. Under such circumstances, we are not inclined to grant bail to the petitioners at this stage.

5. Accordingly, prayer for bail is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)