Calcutta High CourtCRM/6448/2021rejected

Anggur Sk @ Angur Sk v. State Of West Bengal

2021-12-01Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

CRM No.6448 of 2021 Via video conference 01.12.21 (S.R.) Sl.17 Ct.32 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Haripal Police Station Case No.245 of dated 12/09/2020 under Sections 363/366/376(2)(n)/384/295A/298/506/120B of the Indian Penal Code (G.R. Case No.864 of 2020);

And In re: Anggur Sk @ Angur Sk ... petitioner.

Mr. Joy Chakraborty Mr. Sandip Dinda ... for the petitioner.

Mr. Ranabir Ray Chowdhury Mr. Mainak Gupta ...for the State.

The learned advocate appearing for the petitioner submits that co-accused persons similarly situated with the petitioner had already been granted bail and as such, on the ground of parity the petitioner may be enlarged on bail on any stringent condition, more so when, he has already suffered incarceration for about one year two months and there is no possibility towards conclusion of trial in the near future. Mr. Ray Chowdhury, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary and submits that two co-accused persons are absconding and the delay, as alleged, is not attributable to the State.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Records reveal that the petitioner's prayer for bail was last rejected on 6th April, 2021 by a Coordinate Bench of this Court in CRM No.1439 of 2021. It does not appear that there had been any substantial change in the circumstances subsequent to such rejection of the petitioner's prayer for bail. Considering the gravity of the offence

and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in his favour. As such, his prayer for bail is rejected at this stage.

The application for bail being CRM No.6448 of 2021 is, accordingly, 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.)