Mujahar Sk v. State Of West Bengal

08.08.2023 tkm/ct 28 C.R.M. (DB) 3097 of 2023 sl no. 50 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nabagaram P.S. Case No. 35 of 2023 dated 6.2.2023 under sections 341/325/326/307/302/34 IPC and In Re : Mujahar Sk ........ petitioner Mr. S Das Mahapatra Mr. Biswajit Sarkar Ms. M Sinha ...... for the petitioner Mr. Swapan Banerjee Mr. A S Chatterjee ...... for the State Petitioner is in custody for more than 175 days. He submits he has been falsely implicated. He prays for bail on the ground coaccused Hasidur Rahaman Mondal has been enlarged on bail. Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Statements of witnesses recorded under section 164 Cr.P.C implicate the petitioner as one of the miscreants. He stands on the same footing with co-accused whose bail prayer was turned down while prayer for bail of Hasidur Rahaman Mondal had been allowed. Hence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)