Asmir Sk @ Sk. Sadrul Jara Khan v. The State Of West Bengal

19.

10.06.2024 Court No.28 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 1515 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with Harishchandrapur Police Station Case No. 402 of 2011, dated 10.12.2011.

And In the matter of: - Asmir Sk @ Sk. Sadrul Jara Khan ...petitioner.

Mr. Mazahar Hossain Chowdhury, Adv., ...for the petitioner.

Mr. Bibaswan Bhattacharya, Adv., Ms. Poulami Bose, Adv.

...for the State.

The petitioner renews his prayer for bail. He says that he is in custody for three years and seven months approximately. 12 out of 18 witnesses have been examined. None of the witnesses has adduced any evidence implicating him in the alleged offence. Given the substantial period of detention, he should be granted bail.

Learned Counsel for the State vehemently opposes the prayer for bail. He refers to the deposition of PW1 who clearly implicates the petitioner. Further, we find that on four earlier occasions, the petitioner's prayer for bail was rejected by various co-ordinate Benches. The incident is of 2011. The petitioner managed to abscond for nine years before he was apprehended by the Police. There is every possibility of the petitioner again vanishing into thin air if he is released on bail. Signed By :

TANMOY GHOSH High Court of Calcutta 11 th of June 2024 03:42:23 PM

Accordingly, we are not inclined to grant bail to the petitioner. The prayer for bail is hereby rejected. The application being CRM (DB) 1515 of 2024 is accordingly dismissed.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 11 th of June 2024 03:42:23 PM