Humayun Kabir v. State Of West Bengal

23.06.2023 Item no.55.

Court No.6.

AB (Reject) CRM (DB) No. 2377 of 2023 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Cyber Crime P.S. Case No. 56 of 2022 Dated 1.12.2022 under Sections 498A/323/324/325/307/34 of the Indian Penal Code read with Sections 66C/66E/67/67A of IT Act with Sections 3 /4 D. P. Act And In the matter of : Humayun Kabir ......Petitioner. Mr. Rajdeep Majumdar, Mr. Moyukh Mukherjee, Ms. Aishwarya Bazaz ......for the Petitioner.

Mr. Saryati Dutta ......for the State.

Mr. Bibaswan Bhattacharya, Ms. Bindia Paul ......for the Defacto complainant.

By this application, the petitioner renews his prayer for bail.

The allegations are under Sections 498A/307/323/324 325/34 of the Indian Penal Code.

We see that the petitioner's prayer for bail was rejected on March 27, 2023 by a Coordinate Bench. The Bench observed as follows:

"We have considered the materials on record. There are incriminating materials connecting the petitioner with the murder. His bail prayer was rejected earlier on merits. It is alleged co-accuseds are threatening witnesses. The said witnesses have not deposed as yet.

Under such

circumstances, we do not consider it prudent to enlarge the petitioner on bail."

We find no change of circumstances since the last rejection of the petitioner's prayer.

Since the material witnesses are yet to be examined, at this stage, we are not inclined to entertain the prayer for bail. The prayer for bail stands rejected.

CRM (DB) 2377 of 2023 is dismissed.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)