Abbasuddin Molla v. State Of West Bengal

July 22, 2025 32 ARDR CRM (M) 720 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Haroa Police Station Case No. 253 of 2023 dated 27/6/2023 under Sections 325/307/302/34 of the Indian Penal Code. And In Re :

Abbasuddin Molla ... Petitioner.

Adv. Angshuman Chakraborty, Adv. S. S. Saha, ... for the petitioner.

Adv. Saryati Datta, Adv. Dattatreya Dutta, ...for the State.

The petitioner is in custody for more than two years. Learned counsel for the petitioner submits that the incident occurred at the spur of moment and there was no premeditation on the part of the petitioner to murder the victim. The case has not been committed to the Sessions Court as yet.

Learned counsel for the State opposes the prayer. I have considered the material on record.

The witnesses have named the petitioner as the principal assailant in their statements recorded under Section 164 of the code of Criminal Procedure. The offending weapon has been recovered pursuant to the leading statement of the petitioner. It is submitted on behalf of the State that the case could not be committed since four co-accused were absconding. They have surrendered in the meantime.

The petitioner is in custody for more than two years. Offence, if proved, shall attract mandatory life imprisonment.

Considering the nature and gravity of the offence and prima facie involvement of the petitioner therein, prayer for bail is rejected at this stage.

The application for bail is disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)