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Calcutta High CourtCRM (DB)/1287/2023rejected

Nur Islam Khan @Nantu v. State Of West Bengal

2023-04-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.04.2023 sdas rejected C.R.M. (DB) No. 1287 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Shyampur Police Station Case No. 337 of 2022 dated 31.07.2022 under Sections 302/201 of the Indian Penal Code.

And In Re : Nur Islam Khan @ Nantu ..... petitioner Ms. Devi Priya Mitra ... for the petitioner Mr. Neguive Ahmed, learned APP Mr. Iqbal Kabir ... for the State Learned Counsel for the petitioner submits he is in custody for 240 days. It is also submitted petitioner is HIV positive and requires medical attention. He prays for bail. Learned Counsel for the State disputes such submission and submits that the petitioner is suffering from herpes and he is receiving medical treatment.

We have considered the materials on record. There are materials implicating the petitioner in the murder. Medical treatment is being provided to the petitioner in custody. Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner at this stage. The application for bail is, thus, rejected.

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