Hasikul Sk. @ Chand @ Chand Sk. v. The State Of West Bengal

146.

20-05-2024 (ct. no.06) debajyoti (rejected) CRM (DB) 1521 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Burwan Police Station Case No.300 of 2022 dated October 30, 2022 under Sections 341/326/307/302/34 of the Indian Penal Code.

- A n d - In the matter of : Hasikul Sk. @ Chand @ Chand Sk. .... Petitioner.

Mr. Himanshu De, Sr. Adv., Mr. Navanil De, Ms. Monami Mukherjee ... For the Petitioner.

Mr. Jaydeep Biswas, Ms. Piya Goswami ... For the State.

It is submitted on behalf of the petitioner that the accused petitioner is in custody for a considerable period of time and in the meantime, investigation has been completed and charge sheet has been filed. Hence, there is no need for further custodial detention of the petitioner. It is further submitted that some of the accused persons have already been granted bail.

Learned counsel for the State raises vehement objection and submits that the offence involved in this case is heinous in nature and there is sufficient material on record which would show prima facie involvement of the petitioner in the alleged offence. It is further submitted that the bail prayer of the petition was earlier rejected four times. Learned counsel for the State produces the Case Diary. We have considered the submissions made by the parties. We have gone through the statements recorded under Section 164 of the Code of Criminal Procedure as well as the Post Mortem report. It appears that there is sufficient incriminating material which shows prima facie involvement of the petitioner in the alleged offence. The offence involved in Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of May 2024 12:10:59 PM

this case is serious in nature and committed in a diabolical manner.

Having considered the material in the Case Diary and the prima facie involvement of the petitioner in the alleged offence, we are not inclined to enlarge the petitioner on bail, at this stage.

The application for bail being CRM (DB) 1521 of 2024 is, thus, rejected.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 24 th of May 2024 12:10:59 PM