Ajaan @ Azan Ali @ Ajan @ Azan Ali v. State Of West Bengal

18.11.2021 Ct No. 28 D/L 21 ab/rrc C.R.M. 7424 of 2021 (Via Video Conference) Re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Ghola Police Station Case No. 493/2021 dated 03.08.2021 under Sections 302/34 of the Indian Penal Code. In Re: Ajaan @ Ajan Ali @ Ajan @ Azan Ali ... petitioner Mr. Sekhar Barman ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Rudradipta Nandy Mr. Mainak Gupta .... for the State The learned Advocate-on-record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking, the application is taken up for hearing. The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Ghola Police Station Case No. 493/2021 dated 03.08.2021 under Sections 302/34 of the Indian Penal Code.

It is submitted by the learned Advocate for the petitioner that the petitioner has been falsely implicated in connection with the aforementioned case and he is in custody for nearly 93 days. It is further submitted that

charge sheet has already been submitted and no further custodial interrogation of the petitioner is required. Learned Advocate for the State opposes the prayer for bail. It is submitted that the minor children of the deceased disclosed the fact and the petitioner appears to be the main assailant in commission of an offence. After hearing the respective submissions and on perusal of the materials on record, more particularly, the statement of the minor children of the deceased who disclosed and narrated the fact attributable to the conduct of the petitioner in commission of an offence, we do not think that it is a fit case where the petitioner should be enlarged on bail.

The application for bail being CRM 7424 of 2021 is dismissed.

(Harish Tandon, J.) (Rabindranath Samanta, J.)