Rafik Sk @ Rafick Shaikh And ORS. v. State Of West Bengal
(AD) 06.05.2022 C.R.M. (DB) 1215 of 2022 Court No.29 (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhubulia P.S. Case No.30 of 2022 dated 14.01.2022 under Sections 302/34 of the Indian Penal Code.
And In the matter of: Rafik Sk @ Rafick Shaikh & Ors. ....petitioners.
Mr. Prabir Majumder Mr. Snehansu Majumder ...for the petitioners.
Mr. Ranabir Ray Chowdhury Mr. Mainak Gupta ... for the State.
Petitioners pray for bail.
Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. There is no material to implicate the petitioners, inter alia, under Section 302 of the Indian Penal Code.
Learned Advocate appearing for the State draws the attention of the Court to the post-mortem report of the victim. He also refers to the statements of the eye-witnesses recorded under Section 161 of the Code of Criminal Procedure. The victim died out of injuries inflicted on him, as appearing from the post-mortem report. There are statements recorded under Section 161 of the Code of Criminal Procedure
of the eye-witnesses implicating all the petitioners before us in the offence.
Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to enlarge any of the petitioners on bail.
Accordingly, the prayer for bail of the petitioners is rejected.
C.R.M. (DB) 1215 of 2022 is dismissed.
(Debangsu Basak, J.) (Kausik Chanda, J.)