Gaffar Sk And ANR v. State Of West Bengal

05.07.2022 Sl. No.21 akd [Rejected] C. R. M. (DB) 2101 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.06.2022 in connection with Islampur Police Station Case No. 204 of 2022 dated 09.05.2022 under Sections 448/376D of the Indian Penal Code. (G.R. Case No.1389 of 2022) And In Re: Gaffar Sk. & Anr.

... ... Petitioners Mr. Arnab Chatterjee Mr. Jishan Iqubal Hossain Ms. Dhanosree Biswas ... ... for the petitioners Mr. Binay Panda Mr. Subham Bhakat ... ... for the State It is submitted on behalf of the petitioners that they are in custody for about 58 days. It is further submitted that the petitioners have been falsely implicated in the instant case. They have entered into a sale transaction with the de-facto complainant which did not fructify. Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statement of the victim recorded under Section 164 of the Code of Criminal Procedure implicates the petitioners in the offence. Documents annexed with regard to the alleged sale transaction do not inspire confidence. Keeping in mind the aforesaid facts, gravity of the offence and prima facie involvement of the petitioners in the alleged crime, we are of the opinion this is not a fit case to grant bail to the petitioners at this stage. The application for bail is thus rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)