Sk Sabir v. State Of West Bengal

07.12.2021 Sl. No.45 Aloke [Rejected] C. R. M. 5594 of 2021 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.08.2021 in connection with Digha Police Station Case No. 19 of 2020 dated 02.06.2020 under Sections 302/201 of the Indian Penal Code.

And In Re: Sk. Sabir ... ... Petitioner Mr. Sk. Sahjahan Ali ... ... for the petitioner Mr. Neguive Ahmed, ld. APP Ms. Trina Mitra ... ... for the State Petitioner renews the prayer for bail.

It is submitted on behalf of the petitioner that the petitioner is in custody for about 549 days.

Learned advocate appearing for the State opposes the prayer for bail and submits that the petitioner-husband and the wife had gone out together and incriminating materials were recovered from the spot establishing the presence of the petitioner at the place of occurrence victim suffered homicidal death. The trial is in progress. In view of the aforesaid facts and circumstances of the case and the gravity of the offence, we are not inclined to grant bail to the petitioner.

The application for bail is thus rejected.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)