Sahabuddin Sk @ Khapa v. State Of West Bengal

10.09.2025 jb.

jdt.

C.R.M. (M) 1256 of 2025 In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nakashipara Police Station Case No. 629/2010 dated 28.10.2010 under Sections 326/307/34 the Indian Penal Code.

And In Re : Sahabuddin Sk @ Khapa Mr. Santanu Talukdar Mr. Priyankar Ganguly Ms. Shalini Bairagi ... For the Petitioner.

Mr. Arijit Ganguly Mr. Sourat Nandy ... For the State The petitioner is in custody for 110 days and prays for bail.

Learned counsel for the State opposes the prayer. I have considered the material on record.

It appears that the present FIR was lodged on 28th October, 2010. The petitioner surrendered on 21st May, 2025. In an earlier FIR lodged against the petitioner being Nakiashipara police station case no. 248/2009 dated 12th June, 2009, the petitioner absconded for considerable period of time. He was convicted in the said case and sentenced to suffer life imprisonment. The petitioner preferred an appeal before this Court and was acquitted from the charges by a judgment delivered on 30th April, 2024. Anticipatory bail of the petitioner was turned down by the learned Sessions

Judge, Nadia on 22nd May, 2024. The petitioner again absconded for about a year before he surrendered before the learned trial Court.

On merits, there is material on record implicating the petitioner in the alleged crime. Considering the prima facie role of the petitioner in the alleged offence as well as his conduct, this Court is of the view that the petitioner does not deserve a favourable order at this stage.

Accordingly, the prayer for bail is rejected at this stage.

The application for bail is disposed of.

Case diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)