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Calcutta High CourtCRM (DB)/1423/2024rejected

Ansar Akram Molla v. State Of West Bengal

2024-05-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

06.05.2024 tkm/ct 28 C.R.M. (DB) 1423 of 2024 sl no. 35 In Re : An application for bail under section 439 Cr.P.C in connection with Usthi P.S case no. 420 of 2023 dated 10.9.2023 under section 302/34 IPC And In Re : Ansar Akram Molla ........ petitioner Mr. Sudipta Das ...... for the petitioner Ms. Amita Gaur Mr. Nirupam Dhali ...... for the State

1. Petitioner is in custody for 49 days. He submits co-accused have been enlarged on bail. He prays for bail.

2. Learned lawyer for the State contends co-accused are female members of the group who had assaulted the victim resulting in his death. Their bail prayer has been assailed before this court in CRM(DB) 918 of 2024.

3. We have considered the materials on record. Petitioner is named by eye-witnesses as a member of the group who had assaulted the victim. Victim suffered multiple injuries and died. Coaccused who are on interim bail are female folk. Petitioner cannot claim parity with them.

4. Under such circumstances, we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)