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Calcutta High CourtCRM (DB)/2821/2022rejected

Najir Momin @ Nazir Momin v. State Of West Bengal

2022-08-23Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

23.08.2022 cm/ct 28 C.R.M. (DB) No. 2821 of 2022 sl. no.36 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Farakka P.S Case No. 148 of 2019 dated 08.04.2019 under Sections 448/326/307 of the Indian Penal Code 1860 and adding Section 302 of the Indian Penal Code, 1860. Rejected And In Re : Najir Momin @ Nazir Momin ..... petitioner Mr. Soumik Gagnguly Mr. Sourat Nandy ...... for the petitioner Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...... for the State Petitioner renews his prayer for bail. He submits charge has been framed under Section 304 instead of Section 302 IPC. Learned lawyer for the State opposes the prayer for bail. He submits trial has progressed and a number of prosecution witnesses have already been examined.

We have considered the materials on record. There are ample materials connecting the petitioner with the crime and trial is in progress. Bail prayer of the petitioner was rejected in July, 2022. Under such circumstances 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.)