Arman Sk. v. State Of West Bengal

CRM 2950 of 2021 (Via Video Conference) 30.06.2021 Court No.28 Item No.72 (Rejected) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Lalgola Police Station Case No.

of 2019, dated 21.08.2019 under Sections 448/302/326/307/34 of the Indian Penal Code.

Akd & As And In the matter of : Arman Sk.

...Petitioner

Mr. Mrityunjoy Chatterjee, Md. G. N. Imrohi.

...For the Petitioner Mr. Swapan Banerjee, Mr. Suman De.

...For the State.

The Advocate on Record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Lalgola Police Station Case No. 569 of 2019, dated 21.08.2019 under Sections 448/302/326/307/34 of the Indian Penal Code..

The petitioner is in custody for more than 675 days in connection with the instant case. The learned Advocate for the petitioner submits that no incriminating materials have been found against the petitioner nor there is any possibility of the commencement of the trial in the near future and, therefore, the petitioner should be released on bail.

The learned Advocate for the State draws our attention to the statement of the eye witnesses recorded under Section 164 of the

Code of Criminal Procedure where the name of the petitioner has been categorically disclosed. Furthermore, we had an occasion to peruse the seizure list dated 21.8.2019 showing the recovery of the offending weapon on the leading statement of the petitioner. In view of the above, we do not think that it is a fit case where the petitioner should be enlarged on bail.

Accordingly, the prayer for bail of the petitioner is rejected. The application for bail, being CRM 2950 of 2021, is thus dismissed.

(Harish Tandon, J) (Subhasis Dasgupta, J.)