Rijul Sk v. State Of West Bengal And ORS.

17.05.2022 Sl. 86 Court No.29 suvayan (Rejected) C.R.M. (DB) 1295 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baishnabnagar P.S. Case No. 477/2020 dated 11/09/2020 under Section 342, 302, 201, 120B, 34 of the Indian Penal Code.

And In the matter of: Rijul Sk ....petitioner.

Mr. Sourav Chatterjee Mr. Sagar Saha ...for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that although these four applications for prayer for bail, the change in circumstances is that the jurisdictional Court enlarged another co-accuseds on bail. The petitioner is similarly situated as that of the co-accuseds.

Learned Advocate appearing for the State submits that the seizure of the murder weapon was made from the possession of the petitioner. He refers to the seizure list in this regard. In response, learned Advocate appearing for the petitioner submits that the seizure was witnessed by two constables. The seizure of the murder weapon was from the petitioner. His Left Thump Impression appears in the seizure list. Considering such fact, it cannot be said that the petitioner stand in the same footing as that of the other co-accuseds was enlarged on bail by the jurisdictional Court. Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 1295 of 2022 is dismissed.

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