Yakub Molla v. State Of West Bengal

04.05.2022 Serial no.53 [Dd] (Bail Rejected) CRM (DB) 1173 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Haroa Police Station Case No. 145 of 2021 dated 09.04.2021 under Sections 326/307 subsequently added Section 302 of the Indian Penal Code and 25/27 of the Arms Act, being G.R. no. 1631 of 2021. -AndIn the matter of : Yakub Molla ... ...Petitioner Md. Shahjahan Hossain, Ms. Sanjida Sultana, 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 draws the attention of the Court to the Order no. 8 dated February 1, 2022 passed by the jurisdictional Court. He submits that the de facto complainant filed an affidavit to the effect that there was no allegation against the accused who is his son and that the de facto complainant lodged the compliant under duress and shock due to death of his other son. Learned advocate appearing for the State submits that there are incriminating materials in the case diary as against the petitioner. The victim died out of gunshot injury. Bullet recovered from the body of the victim matches with the firearm recovered from the possession of the petitioner. A son of the de facto complainant is the victim and the petitioner herein is the brother of the victim.

The de facto complainant is the father of the petitioner and the victim.

In view of the materials in the case diary and in view of the heinous nature of the crime and considering the fact that there is hardly any material 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) 1173 of 2022 is dismissed.

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