Senaul Sk @ Senarul Sk v. State Of West Bengal
23.11.2021 Serial no.646 Dd (Through Video Conference) CRM 7354 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 181 of 2020 dated 18.04.2020 under Sections 341/302/34 of the Indian Penal Code.
-AndIn the matter of : Senaul Sk @ Senarul Sk. ... ...Petitioner Ms. Minoti Gomes, Advocate ... ... For the Petitioner Mr. Rana Mukherjee, ld. APP Ms. Sujata Das, Ms. Debjani Sahu, Advocates ... ...For the State Ms. Pramita Banerjee, .. ...For the de facto complainant Petitioner seeks bail.
Learned advocate appearing for the petitioner submits that the petitioner stands on the same footing as that of Rakib Sk. @ Tota who was granted bail on October 21, 2020 in CRM 8340 of 2020 as well as Nur Islam @ Nur Islam Sk. on March 8, 2021 in CRM 748 of 2021. Learned Additional Public Prosecutor draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code and submits that the petitioner herein is named as the person who dealt with the fatal blow to the deceased. He submits that the
petitioner cannot claim parity as that of the co-accused who was granted bail by the coordinate Benches.
Considering the materials in the case diary and considering the statements recorded under Section 164 of the Criminal Procedure Code, we are unable to return a finding that the petitioner stands on the same footing as that of the other co-accused who were granted bail on October 21, 2020 and March 8, 2021. The petitioner is named in the statements recorded under Section 164 of the Criminal Procedure Code.
Accordingly, prayer for bail is rejected.
CRM 7354 of 2021 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)