Manik Sk @ Paka @ Sahajahan @ Sahajan v. State Of West Bengal

08.06.2022 tkm/ct 28 C.R.M. (DB) 1427 of 2022 sl no. 50 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chapra PS case no. 37/2018 dated 20.2.2018 under sections 341/326/307/302/34 IPC and sections 25/27 of the Arms Act and 3/4 of the ES Act And In Re : Manik Sk @ Paka @ Sahajhan @ Sahajan ........ petitioner Mr. Kallol Mondal Mr. Amanul Islam Mr. Kishan Roy Mr. Sourav Mukherjee Mr. S Das ...... for the petitioner Mr. Swapan Banerjee Ms. Debjani Sahu ...... for the State Petitioner is n custody for 81 days and it is submitted that he was not named in the FIR and his complicity has transpired in the supplementary charge sheet. Co-accuseds are on bail. Learned lawyer for the State opposes the prayer for bail and submits petitioner's complicity has transpired from statement of the injured eye-witness recorded under section 164 Cr.P.C. He absconded for a considerable period of time and was subsequently arrested.

We have considered materials on record particularly statement of one Jinat Ali Sk (inured eye-witness) recorded under section 164 Cr.P.C. The said witness categorically implicates the petitioner as one of the accuseds who had fired at him as well as the deceased.

In view of the gravity of the offence and prima facie involvement of the petitioner therein, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)