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Calcutta High CourtCRM (DB)/1438/2023rejected

Firoz Sk @ Firoz Sultan v. State Of West Bengal

2023-04-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

11.04.2023 tkm/ct 28 C.R.M. (DB) 1438 of 2023 sl no.64 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Gangarampur PS case no. 217 of 2021 dated 14.6.2021 under sections 363/364A/34 IPC And In Re : Firoj Sk @ Firoj Sultan ........ petitioner Mr. A Karmakar Mr. A Bhowmick ...... for the petitioner Mr. S Bapuli Mr. B Bhattacharya ...... for the State Heard learned lawyer for the parties.

We have considered the materials on record. Bail prayer of the petitioner was rejected on merits. Co-accused is a lady who had given birth in jail.

In view of the aforesaid humanitarian circumstance she had been enlarged on bail. Unlike the said co-accused, petitioner has been named by the victim boy in his statement under section 164 Cr.P.C. Delay is due to abscondence of another co-accused. Hence, 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.)