Jakir Sekh v. The State Of West Bengal

27.06.2024 SL No.12 Court No.29 TN (Reject) CRM (A) 1984 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Baruipur Police Station Case No.1692 of 2023 dated 17.12.2023 under Sections 302/34 of the Indian Penal Code charge sheet submitted under Sections 341/323/354/302/120B of the IPC. And In the matter of : Jakir Sekh.

- petitioner.

Mr. Ayan Basu, Mr. Sandip Kr. Mondal, Mr. Sumit Routh ....for the petitioner.

Mr. Riaz Abedin, Mr. Asif Dewan ... for the de facto complainant.

Ms. Faria Hossain, Mr. Dattatreya Dutta .... for the State.

1. The learned Counsel for the petitioner submits that the petitioner is innocent. The principal accused Samsuddin Sardar has been arrested and presently is in custody. Eight accused persons similarly placed as that of the petitioner have been granted bail by the learned trial court.

2. The learned Counsel for the State in opposing the prayer has referred to the statement of the daughter of the deceased and the neighbours recorded under Section 164 of the Code of Criminal Procedure and submits that the petitioner is one of the persons specifically named by all of them.

3. Considering the materials available in the case diary, the nature and extent of involvement of the petitioner in the

commission of the alleged offence and the fact that he has been specifically named by all the witnesses including the daughter of the victim, we are not inclined to grant anticipatory bail to the petitioner.

4. Accordingly, the application for anticipatory bail is rejected.

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)