Sahidul Sk v. State Of West Bengal

27.01.2022 Serial no. 117 Aloke Ct. No. 29 (Through Video Conference) CRM 9027 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 445 of 2021 dated 23.08.2021 under Sections 328/379 of the Indian Penal Code and adding Sections 411/413 of the Indian Penal Code.

-AndIn the matter of : Sahidul Sk ... ...Petitioner Mr. Debapriya Samanta, Advocate ... ... For the Petitioner Mr. Sudp Ghosh, Advocate Mr. Bitasok Banerjee, Advocate ... ...For the State Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the police filed charge-sheet, therefore, custody of the petitioner is not required. Moreover, only a battery of the TOTO was recovered and that at best attract the provisions of Section 411 of the Indian Penal Code.

Learned Advocate appearing for the State submits that the petitioner is part of a racket who deals in stolen TOTO. The modus operandi is of riding a TOTO and stolen such TOTO.

Considering the gravity of the offence, involvement of the petitioner therein and considering the fact that the earlier order of rejection of bail is of November 23, 2021 and there is hardly any change in circumstances subsequent thereto, we are not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected. CRM 9027 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)