Sk Alim v. State Of West Bengal

13.07.2022.

19.

Ct.No.28 as (Rejected) C.R.M. (DB) 2243 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Neturia P.S. Case No.54 of 2021 dated 12.07.2021 under Section 302/201 of the Indian Penal Code and charge sheet submitted under Sections 302/201/120B/34 of the Indian Penal Code. In the matter of : Sk. Alim.

... Petitioner.

Mr. Jayanta Narayan Chatterjee, Mr. Nazir Ahmed, Ms. Sreeparna Ghosh.

...for the Petitioner.

Mr. Swapan Banerjee, Mr. Anindya Sundar Chatterjee.

...for the State.

Heard the learned Advocates appearing for the parties. Investigating Officer is present. Memo of evidence is placed before us.

Learned Advocate for the petitioner submits his client is no way connected with the deceased Salim Ansary or the coaccuseds. He has been falsely implicated in the instant case. Learned Advocate for the State opposes the prayer for bail and submits petitioner is a conspirator and on the instigation of co-accused murdered the victim. He admitted his guilt before a witness whose statement has been recorded under Section 164 of the Code of Criminal Procedure. Weapon of offence was also recovered on his leading statement.

We have considered the materials on record. Statement of one Soheb Akhtar recorded under Section 164 of the Code of Criminal Procedure shows petitioner had made an extra

judicial confession admitting his guilt. On his leading statement, weapon of offence was recovered.

In view of the aforesaid materials on record and gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

Presence of the Investigating Officer is noted and dispensed with.

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