Sk Nazir @ Bachya Kalo And ANR v. State Of West Bengal
13.04.2022 Serial no.53 Aloke Ct. No. 29 CRM (DB) 978 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 07.04.2022 in connection with Entally P.S. Case No. 188 of 2021 dated 17.05.2021 under Sections 307/324/323/427/34 of the Indian Penal Code read with Sections 25(1-B)(a) of the Arms Act.
-AndIn the matter of: Sk. Nazir @ Bachya Kalo & Anr. ... ...Petitioners Mr. Asis Bhattacharyya, Advocate ... ... For the Petitioners Mr. Neguive Ahmed, ld. APP Ms. Amita Gaur, Advocate ... ... For the State Petitioners pray for bail.
Learned Advocate appearing for the petitioners submits that the petitioners are in custody in excess of 325 days. The police filed charge-sheet and, therefore, further detention of the petitioners is not required. Learned Additional Public Prosecutor submits that initially prayer for bail of three of the co-accused were allowed since the State was not represented in that bail petition. On application for recalling the order, such order was recalled. Moreover, prayer for bail of other co-accused were also rejected. He refers to the case diary and submits that the petitioners are complicit in the incident. Considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant bail to the petitioner.
CRM (DB) 978 of 2022 is rejected (Debangsu Basak, J.) (Bibhas Ranjan De, J.)