Sushanta Majumder@Sushanta Majumder v. State Of West Bengal

CRM 5906 of 2021 22.11.2021 Court No.28 Item No.89 (REJECTED) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 02.09.2021 in connection with Hanskhali Police Station Case No. 261 of 2021 dated 20.04.2021 under Sections 498(A)/307/34 of the Indian Penal Code; And Ab In the matter of : Sushanta Majumder @ Sushanta Majumdar @ Bhombal

...Petitioner.

Mr. Khalid Hasan.

...For the Petitioner.

Mr. Debabrata Chatterjee, Ms. Manisha Sharma.

... For the State.

The Advocate-on-record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking, the application is taken up for hearing.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Hanskhali Police Station Case No. 261 of 2021 under Sections 498(A)/307/34 of the Indian Penal Code. Learned Lawyer for the petitioner submits that the petitioner is in custody for 180 days. The petitioner has falsely been implicated in this case. As such, learned Lawyer submits that the petitioner may be granted bail.

Learned Lawyer for the State vehemently opposes the prayer for bail and submits that the parents of the petitioner are absconding. Learned Lawyer submits that the prayer for bail of the petitioner is liable to be rejected.

Having heard learned Lawyers appearing for the parties and on perusal of the materials in the case diary, we find that there are sufficient incriminating materials against the petitioner. The parents of the petitioner are still absconding and they are fleeing the process of law.

Having considered all aspect of the matter, we are not inclined to enlarge the petitioner on bail at this stage. The application for bail being CRM 5906 of 2021 is, thus, rejected at this stage.

(Harish Tandon, J) (Rabindranath Samanta,J.)