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Calcutta High CourtCRM/6121/2021rejected

Sharukh Khan v. State Of West Bengal

2021-12-21Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

21.12.2021 Court No.32 Item No. 238 Avijit Mitra C.R.M. 6121 of 2021 In Re:- An application for bail under section 439 of the Code of Criminal Procedure;

And In Re : Sharukh Khan Petitioner Mr. Rajesh Kumar ..For the Petitioner Mr. Neguive Ahmed, Ms. Amita Gaur ...For the State Languishing in custody since 6th July, 2020, the present application is filed in connection with Belda Police Station Case No.156 of 2020 dated 06.07.2020 under Sections 489B and 489C/120B of the Indian Penal Code praying for release on bail. Mr. Kumar, learned lawyer representing the petitioner submitted, that the petitioner is detained in custody for long but there is no prospect of immediate commencement of trial. One of the accused is released on bail and another is absconding. It is not necessary to keep the accused in custodial detention. Accordingly, bail is prayed for. He further submitted that the present petitioner is a student of University.

Per contra, learned lawyer representing the State Ms. Gaur submitted, that strong incriminating elements are there against the present petitioner and recovery of fake Indian currency notes were made from the custody of the present petitioner. Another coaccused is absconding. Therefore, bail should not be granted.

We have heard the rival submissions and perused the case diary. On perusal of case diary it appears that the chargesheet has been filed in this case. There is a seizure of 200 pieces of Rs.500 denominations of Indian currency notes from the custody of the petitioner. We find that other strong incriminating materials are there against the present petitioner. Considering the nature of allegation, the gravity of the offence and the extent of complicity of the petitioner, we are not inclined to grant bail and the same is rejected.

Accordingly, the application for bail, being CRM No. 6121 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J) (Tapabrata Chakraborty, J)