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Calcutta High CourtCRM/7848/2021rejected

Ekramul Hossain Sk. v. The State Of West Bengal

2021-12-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak1 pages

06.12.2021 tkm/ct 28 C.R.M. 7848 of 2021 sl no. 62 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chapra P.S case no. 243 of 2021 dated 16.6.2021 under sections 341/325/326/307/302/34 of the IPC And In Re : Ekramul Hossian Sk.

........ petitioner Ms. P Banerjee ...... for the petitioner Mr. S Bapuli Mr. Bibaswan Bhattacharya ...... for the State Petitioner is in custody for more than five months. It is submitted that co-accused persons have been enlarged on bail. Learned lawyer for the State opposes the prayer for bail and submits that the petitioner had assaulted the deceased. We have considered the materials on record including the statements of witnesses recorded under section 164 Cr.P.C which show that the petitioner had assaulted the deceased. Some accused persons have been released on bail on the ground they are the womenfolk of the family. petitioner cannot claim parity with them. In view of the prima facie materials on record and the gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)