Masidur Rahaman v. State Of West Bengal

29.09.2021 Serial no.69 Dd (Through Video Conference) CRM 4788 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 16th July, 2021 in connection with Gazole Police Station Case No. 414 of 2020 dated 11.09.2020 under Sections 341/376/307/201/506 of the Indian Penal Code (G.R. No. 5316 of 2020).

-AndIn the matter of : Masidur Rahaman ... ...Petitioner Mr. Kallol Mondal, Advocate ... ... For the Petitioner Ms. Sukanya Bhattacharya Md. Kutub Uddin, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is languishing in jail in excess of 270 days. The co-accused was granted bail. The de facto complainant is the neighbour of the petitioner.

Learned advocate appearing for the State draws the attention of the court to the statements recorded under Section 164 of the Criminal Procedure Code of the victim as well as the medical report. He submits that the trial is in progress and that the evidence of the witnesses are being recorded.

Considering the stage of the trial and the materials in the case diary including the medical report we are unable to find that the petitioner stands in the same footing as the other accused who was granted bail. We are not inclined to grant bail to the petitioner.

CRM 4788 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)