Faruk Alam v. State Of West Bengal
03.04.2023 sdas rejected C.R.M. (DB) No. 1303 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Burrabazar Police Station Case No. 130 of 2022 dated 07.06.2022 under Sections 419/365/392 of the Indian Penal Code and charge-sheet submitted under Sections 419/467/468/471/120B/365/ 395/ 412/34 of the Indian Penal Code.
And In Re : Faruk Alam ..... petitioner Mr. Sourav Chatterjee Mrs. Ritushree Banerjee ... for the petitioner Mr. Madhusudan Sur, learned APP Mr. Dipankar Paramanick ... for the State Heard the learned Counsels for the parties.
We have considered the materials on record. Petitioner and co-accused had robbed the defacto complainant/victim and had stolen 11kgs. of silver. Petitioner has been identified in the course of test identification parade. He has criminal antecedents. Co-accused were granted bail, inter alia, on medical grounds.
Under such circumstances we are of the opinion petitioner does not stand on the same footing with co-accused and in view of gravity of the offence this is not a fit case to grant bail to the petitioner.
The application for bail is, thus, rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)