Sabir Ahammed @ Sabir Ahmed v. State Of West Bengal

04.09.2020 Item No.16 Dc/Aj.

Rejected C.R.M. 6238 of 2020 C.R.A.N. 1 of 2020 (Old No. C.R.A.N. 4749 of 2020) (Through Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 720 of 2018 dated 07.10.2018 under Sections 452/325/326/307/302/34 of the Indian Penal Code corresponding to G.R. No. 3888/18.

And In the matter of : Sabir Ahammed @ Sabir Ahmed. ... Petitioner.

Mr. Kingsuk Mondal. ... For the Petitioner. Mr. Swapan Banerjee, Ms. Purnima Ghosh. ... For the State. Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

The learned advocate for the petitioner submits that the petitioner is in custody for a considerable period of time and he has been falsely implicated in the instant case. The learned advocate further submits that considering the involvement of the petitioner, his further detention is unwarranted.

The learned advocate for the State opposes the prayer for bail and submits that the statement of the injured shows complicity of the petitioner in the alleged crime. The learned

advocate further submits that some of the accused persons are still evading arrest and as such, the case cannot proceed. Having taken into account the materials in the case diary as also the statement of the witnesses, we are not inclined to release the petitioner on bail at this stage. Accordingly, the prayer for bail of the petitioner is rejected. CRM 6238 of 2020 and CRAN 4749 of 2020 are disposed of.

(Tirthankar Ghosh, J.) (Samapti Chatterjee, J.)