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Calcutta High CourtCRM (DB)/1360/2023rejected

Arnab Sarkar @ Guddu v. State Of West Bengal

2023-04-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

05.04.2023 Sl. No.48 akd [Rejected] C. R. M. (DB) 1360 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 30.03.2023 in connection with Nakashipara Police Station Case No.257 of 2021 dated 06.06.2021 under Sections 302/120B/34 of the Indian Penal Code and Sections 25/27 of the Arms Act.

And In Re: Arnab Sarkar @ Guddu ... ... Petitioner Mr. Sanjay Banerjee Ms. Samriddhi Majumder ... ... for the petitioner Mr. Neguive Ahmed .. ld. Addl. Public Prosecutor Ms. Jonaki Saha ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about 566 days. Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Petitioner is the principal accused. He does not stand on the same footing with coaccused who are on bail. Delay in the matter is due to abscondence of co-accused. Keeping in mind the aforesaid facts, 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.)