Sk. Nabi @ Sekh Nabi v. State Of West Bengal

09.08.2021 Item no. 79 Court No.32.

S.De.

(rejected) (Via Video Conference) CRM 3979 of 2021 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.06.2021 in connection with Bolpur Police Station Case No. 93 of 2021 dated 22.03.2021 under Sections 366/ 325 / 363 /506 /365 /366/ 307/ 376D /254(B) /395/34 of the Indian Penal Code.

And In the matter of : Sk. Nabi @ Sekh Nabi.

......Petitioner.

Mr. Sanjib Kr. Das, Advocate, Mr. Saryati Dutta, Advocate, ......for the Petitioner.

Mr. Rana Mukherjee, A.P.P., Mr. S. Das, Advocate, Ms. Debjani Sahu, Advocate, ......for the State.

The petitioner is in custody for about 140 days. The allegation against the petitioner is under Sections 366/ 325 / 363 /506 /365 /366/ 307/ 376D /254(B) /395/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner has not been named in the First Information Report or in the statements under Section 164 of the Code and has been implicated falsely. The FIR named person has been discharged subsequently.

The State refers to the case dairy including statements of witnesses wherefrom it appears that the petitioner has been implicated in the alleged offence. The petitioner has also been identified in T.I. parade.

We have considered the material in the case diary and keeping in view the nature and gravity of the offence as well as prima facie involvement of the petitioner in the offence, we are not inclined to grant bail to the petitioner at this stage. Accordingly, CRM 3979 of 2021 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)