Saidul Sk @ Chotu @ Saidul Sekh v. State Of West Bengal

08.08.2022 cm/ct 28 C.R.M. (DB) No. 2664 of 2022 sl. no. 37 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kolkata Leather Complex P.S. Case No. 109 of 2021 dated 15.10.2021 under Sections 302/201/34 of the Indian Penal Code.

Rejected And In Re : Saidul Sk.@ Chottu @ Saidul Sekh ..... petitioner Mr. Sandipan Ganguly, Sr. Adv.

Mr. Angshuman Chakraborty .... for the petitioner.

Mr. Biswajit Manna Mr. D. Dutta ...... for the De-facto complainant Mr. Saibal Bapuli, Ld. A.P.P.

Mr. Iqbal Kabir ...... for the State Petitioner renews his prayer for bail. It is submitted there is no direct evidence connecting him with the crime. He has been falsely implicated on the confessional statement of the co-accused. Learned Additional Public Prosecutor for the State opposes the prayer for bail.

Learned lawyer for the De-facto complainant also opposes the prayer for bail.

We have considered the materials on record. Confessional statement of co-accused implicates the petitioner. We are conscious such evidence is a weak one and at its height may be used for corroboration. Other materials on record show petitioner had illicit relationship with co-accused Muslima Bibi. He had telephonic conversations with her during the day of the incident. He was seen

near the place of occurrence at night. These circumstances corroborate the confessional statement of the co-accused and implicate the petitioner in the murder.

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 at this stage.

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