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Calcutta High CourtCRM (DB)/1474/2022rejected

Kamal Khan v. State Of West Bengal

2022-06-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

09.06.2022 tkm/ct 28 C.R.M. (DB) 1474 of 2022 sl no. 43 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Budge Budge PS case no. 35/2019 dated 19.2.2019 under sections 447/326/307/34 IPC and sections 25(i)(a)/27 of the Arms Act and 4/5 of the ES Act And In Re : Kamal Khan ........ petitioner Mr. P K Kundu Mr. S Das ...... for the petitioner Mr. Swapan Banerjee Mr. A S Chatterjee ...... for the State Mr. Joy Chakraborty Ms. D Brahma Mr. S Dinda ...... for the de facto complainant Petitioner is in custody for more than three years and prays for bail.

Learned lawyer for the State opposes the prayer for bail and submits that prayer for bail of co-accused has been turned down by this court in CRM 1435 of 2022.

We have considered materials on record which prima facie establishes involvement of the petitioner in the alleged crime. Prayer for bail of co-accused, similarly circumstanced with the petitioner, was turned down by this court in CRM 1435 of 2022. In view of the aforesaid facts, 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.)