Jul Hossain Sk @ Patol v. State Of West Bengal
26.05.2022 Court No.05 Item No. 33 D.C/AM C.R.M. (DB) No.1424 of 2022 In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Palashipara Police Station Case No.224 of 2020 dated 18.08.2020 under Sections 498A/302/326/201/304(B)/34 of the Indian Penal Code; And In Re : Jul Hossain Sk @ Patol Petitioner Mr. Krishan Roy, Mr. Amanul Islam, Mr. Souvik Das, Mr. Sourav Mukherjee For the Petitioner Mr. P.K. Dutta, Mr. S. Deb Roy For the State Learned counsel for the petitioner submits that the petitioner is in custody for 1 year and 9 months. Other co-accused persons, it is argued, have been enlarged on bail and/or granted anticipatory bail in the meantime.
However, learned counsel for the State contends that prior bail applications of the petitioner were rejected at least on three previous occasions. Lastly, as recently as on May 10, 2022, the petitioner's application for bail was dismissed as 'Not Pressed'. Hence, learned counsel for the State opposes the prayer for bail.
Upon considering the allegations levelled and the materials on record, it appears that the gravity of the alleged offence was serious. Moreover, the involvement of the petitioner appears to have been direct.
Considering the above circumstances, we are not inclined to grant bail to the petitioner.
Accordingly, CRM (DB) 1424 of 2022 is rejected. However, needless to say, the observations made above were tentative and arrived at merely for the purpose of deciding the bail application and shall not have any bearing on the trial. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)