Sujauddin Sk @ Sujauddin Ahamed And ORS v. State Of West Bengal

04.04.2023 Sl. No.23 akd [Rejected] C. R. M. (DB) 1332 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.03.2023 in connection with Margram Police Station Case No.27 of 2023 dated 05.02.2023 under Sections 147/148/149/341/325/326/307/302 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act. And In Re: Sujauddin Sk. @ Sujauddin Ahamed & Ors. ... ... Petitioners Md. Asraf Ali Mr. Rafikul Islam Sardar ... ... for the petitioners Mr. Neguive Ahmed .. ld. Addl. Public Prosecutor Mr. Iqbal Kabir ... ... for the State It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case. Petitioner nos.4 and 5 did not hurl bombs.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses show all the petitioners came to the spot with arms. Petitioner nos.1, 2 and 3 hurled bombs whereas petitioner nos.4 and 5 assaulted the relations of the deceased. Prima facie, materials show sharing of common intention to commit the offence. Two persons died due to bomb blast injury. In view of the aforesaid materials and gravity of the offence, we are not inclined to grant bail to the petitioners at this stage. The application for bail is thus rejected.

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