Mustakim Khan v. State Of West Bengal

5.

27-10-2025 (ct. no.446) debajyoti (rejected) CRM (M) 1532 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Burwan Police Station Case No.227 of 2021 dated 13-08-2021 under Sections 326/307/302/120B/34 of the Indian Penal Code and Section 3/4 of the E. S. Act.

- A n d - In the matter of : Mustakim Khan .... Petitioner.

Ms. Minoti Gomes ... For the Petitioner.

Mr. Antarikhya Basu, Ms. Sreetama Das ... For the State.

1. Heard submissions of learned advocates for the parties.

2. Learned advocate appearing on behalf of the petitioner prayed for bail on the ground of parity. On the other hand, learned advocate for the State draws attention of this Court to the other persons whose period of detention is more than 800 days when they were enlarged on bail. The nature of allegation is serious enough. The present petitioner absconded for a long period of four years and he is in custody since February, 2025. Trial has already commenced and 17 witnesses have already been examined and 15 more witnesses are to be examined.

3. In view of the facts and circumstances of this case and that the petitioner tried to evade the process of

investigation for a period of time, this Court is not inclined to pass any favourable order of bail at this stage.

4. The application for bail is, thus, rejected.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

6. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

[Chaitali Chatterjee (Das), J.]