Rajab Ali Gayen v. State Of West Bengal

19.07.2023.

25.

Ct.No.28 as (Rejected) C.R.M. (DB) 2859 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhowanipur P.S./D.D. Case No.294 of 2022 dated 12.12.2022 under Sections 120B/170/395/397/467/468/471/34 of the Indian Penal Code read with Section 25(1-B)(a) of the Arms Act.

In the matter of : Rajab Ali Gayen.

... Petitioner.

Mr. Asis Bhattacharyya.

...for the Petitioner.

Mr. Mmadhusudan Sur, ld. A.P.P., Mr. Dipankar Paramanick.

...for the State.

Petitioner is the driver of the vehicle which was used to commit the crime. He did not share common intention to commit the crime. He prays for bail.

Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Petitioner was present at the place of occurrence. Stolen booty was recovered from him. Bail prayer of co-accused was turned down by this Court.

Under such circumstances, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)