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Calcutta High CourtCRM (DB)/1355/2024rejected

Jamirul @ Jamirul Haque And ORS. v. State Of West Bengal

2024-05-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

01.05.2024.

44.

Ct.No.28 as (Rejected) C.R.M. (DB) 1355 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection Ratua P.S. Case No.402 of dated 12.07.2023 under Sections 448/325/326/307/354/34 of the Indian Penal Code. In the matter of : 1) Jamirul @ Jamirul Haque,

2) Md. Based Ali @ Based.

... Petitioners.

Ms. Sujata Das.

...for the Petitioners.

Ms. Sreyashee Biswas, Mr. Shiladitya Banerjee.

...for the State.

1.

Petitioners are in custody for about 75 days. They submits co-accused have been granted anticipatory bail. Accordingly, they pray for regular bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits petitioners are named by the witnesses before Magistrate.

3.

We have considered the materials on record.

Petitioners are named by the witnesses before Magistrate. They do not stand on the same footing as co-accused, who have been granted anticipatory bail. Investigation is in progress.

4.

Under such circumstances, we are not inclined to grant bail to the petitioners at this stage.

5.

Accordingly, the prayer for bail of the petitioners is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

ALOK SETH High Court of Calcutta 3 rd of May 2024 05:52:31 PM