← Library
Calcutta High CourtCRM (DB)/1170/2022dismissed

Rabiul @ Rabiul Haque @ Rebiul Haq v. State Of West Bengal

2022-05-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.05.2022 Serial no.51 [Dd] (Bail Rejected) CRM (DB) 1170 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with G.R. Case no. 3123 of 2015 arising out of Kaliachak Police Station Case No. 483 of 2015 dated September 3, 2015 under Sections 341 /326 /307 /302 /201 / 379/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

-AndIn the matter of : Rabiul @ Rabiul Haque @ Rebiul Haq. ... ...Petitioner Mr. Avik Ghatak, Mr. Salman Hasan, Mr. Amit Ranjan Pati, Advocates ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Dipankar Pramanick, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the petitioner stand in the same footing as that of the other co-accused who was enlarged on bail. The petitioner is in custody for 773 days. The petitioner is in custody of another police case in Kerala for the period between 2015-2017. Thereafter, the petitioner was arrested in the present police case in 2020. He submits that the charges are yet to be framed.

Learned advocate appearing for the State submits that one of the co-accuseds is still absconding. Warrant of arrest was issued and, therefore, charges could not be framed. The present petitioner was absconding for a period from 2017 to 2020.

There is substance in the contentions of the State that the petitioner was absconcding for a considerable period of time. The police case is of 2015. The petitioner claims to be in custody in Kerela from 2015 to 2017. There is no explanation for the period 2017 till his arrest in 2020. Considering the gravity of the offence and the involvement of the petitioner therein and considering his absconsion and considering the fact that there is hardly any change in circumstances subsequent to the earlier order of rejection, we are not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected. CRM (DB) 1170 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)