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Calcutta High CourtCRM (DB)/1024/2023rejected

Sadikul Sk @ Rintu Sk v. State Of West Bengal

2023-03-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

21.03.2023 tkm/ct 28 C.R.M. (DB) 1024 of 2023 sl no.63 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Daulatabad P.S case no. 169 of 2021 dated 12.10.2021 under sections 302/120B/34 IPC read with sections 25/27 of the Arms Act And In Re : Sadikul Sk @ Rintu Sk ........ petitioner Mr. Sekhar Basu, Sr Adv.

Mr. A A Alamgir Ms. R Khatoon Ms. June Modak ...... for the petitioner Ms. Z N Khan Mr. Ashok Das ...... for the State Petitioner is in custody for more than a year. It is contended co-accuseds are on bail/anticipatory bail. He prays for bail. Learned lawyer for the State opposes the bail prayer. We have considered the statement of witness recorded under section 164 Cr.P.C. Petitioner and one Julfikar (absconding accused) shot at the victim resulting in his death. Hence, petitioner is the principal offender and stands on a different footing from the co-accuseds who have been granted bail/anticipatory bail. Keeping in mind the principal role played by the petitioner in the murder and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, prayer for bail is rejected.

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