Rakib Hossain Sardar @ Rakib Sardar v. State Of West Bengal

11.04.2023 tkm/ct 28 C.R.M. (DB) 1434 of 2023 sl no.61 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kulpi PS case no. 202 of 2021 dated 6.7.2021 under sections 302/201/120B/34 IPC And In Re : Rakib Hossain Sardar @ Rakib Sardar ........ petitioner Mr. S Mukherjee Mr. S Islam Mr. M Khanna Mr. M Nandy ...... for the petitioner Mr. M Sur ...... for the State Mr. Satadru Lahiri Mr. S W Faruque ...... for the de facto complainant Petitioner is in custody for 710 days. It is submitted there is no eye-witness to the incident. No forensic report with regard to seized weapon is placed on record. He prays for bail. Learned lawyer for the State opposes the bail prayer. Learned lawyer for the de facto complainant also opposes the bail prayer.

We have considered the materials on record. Petitioner had motive to commit the crime. He was seen running away from the place of occurrence. On his leading statement offending weapon has also been recovered. He does not stand on the same footing with his parents i.e. co-accused who are on bail. Keeping in mind the incriminating materials on record particularly the motive to commit the crime against the petitioner and the gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, prayer for bail is rejected.

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