Calcutta High CourtCRM (DB)/2622/2024rejected

Md. Shamim Ansary @ Semi v. The State Of West Bengal

2024-10-07Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

44.

07.10.2024 Court No.28 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 2622 of 2024 In Re: - An application for bail under 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - Md. Shamim Ansary @ Semi ...petitioner.

Mr. Md. Wasim Akram ...for the petitioner.

Ms. Anasuya Sinha, APP Ms. Dattatreya Dutta ...for the State.

Dictated by Apurba Sinha Ray, J.

1. Learned Counsel for the petitioner vehemently submits that this is a case of road traffic accident and the present petitioner has been falsely implicated in this case. However, The petitioner is in custody for 172 days. As the investigation is complete the petitioner may be enlarged on bail on any condition that this Court may decide.

2. Learned Counsel for the State raises strong objection against the prayer for bail. According to her, this is a clear case of murder. The statements of witnesses recorded under Section 164 of the Code of Criminal Procedure, 1973, disclose how the victim was tortured. Further, the post mortem report depicts that the injuries caused on the person of the deceased were not the result of a road traffic accident. The petitioner's prayer for bail should be rejected. Signed By :

TANMOY GHOSH High Court of Calcutta 7 th of October 2024 06:24:11 PM

3. We have gone through the materials on record. Apart from one statement recorded by one medical personnel we do not find anything showing that the victim met with a road traffic accident. The injuries found in the post mortem report do not support the contention of the petitioner. As there are sufficient incriminating materials against the present petitioner and in view of the gravity of the charge, the prayer for bail stands rejected.

4. The application for bail being CRM (DB) 2622 of 2024 is accordingly dismissed.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 7 th of October 2024 06:24:11 PM