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Calcutta High CourtCRM (DB)/1987/2023rejected

Sajib Sk. @ Sanjib Sk. v. State Of West Bengal

2023-05-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

18.05.2023 tkm/ct 28 C.R.M. (DB) 1987 of 2023 sl no.20 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Dum Dum PS case no. 1026 of 2016 dated 24.10.2016 under sections 399/402 IPC read with section 14 of the Foreigners Act read with sections 3/4 of the Explosive Substances Act And In Re : Sajib Sk. @ Sanjib Sk ........ petitioner Mr. Rajdeep Mazumder Mr. Moyukh Mukherjee Mr. A Singh ...... for the petitioner Mr. R D Nandy Ms. Sonali Das ...... for the State Petitioner is in custody for more than six years. Co-accused are on bail. He prays for bail.

Learned lawyer for the State opposes the bail prayer. He submits petitioner is a foreign national. Co-accused enlarged on bail, is absconding.

We have considered the materials on record. Petitioner is a foreign national. On the ground of delay in trial co-accused were enlarged on bail. Thereafter, they have absconded. There is serious apprehension of similar conduct if petitioner is released on bail. Hence, we are not inclined to grant bail to the petitioner. Accordingly, prayer for bail is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)