Fakir Sk And ORS v. State Of West Bengal

18.08.2022 cm/ct 28 C.R.M. (DB) No. 2766 of 2022 sl. no.19 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nakashipara P.S Case No. 65 of 2021 dated 13.02.2021 under Sections 341/324/325/326/307/34 of the Indian Penal Code, subsequently added Section 302 of the Indian Penal Code.

Rejected And In Re : Fakir Sk & Ors.

..... petitioners Mr. Prabir Majumder Mr. Snehansu Majumder ...... for the petitioners Mr. Neguive Ahmed, Ld. A.P.P.

Ms. Trina Mitra ...... for the State Petitioners renew their prayer for bail. It is submitted that there was a free fight between the parties and they do not intend to kill the victim.

Learned lawyer for the State opposes the prayer for bail. He submits delay in the matter is due to abscondence of co-accuseds. We have considered the materials on record. Bail prayer of the petitioners was rejected on merits in May, 2022. Delay in the matter is due to abscondence of other co-accused persons. Under such circumstances and in view of the gravity of the offence, we are not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is rejected at this stage.

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