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Calcutta High CourtCRM (DB)/3071/2024rejected

Salam Sk @ Abdul Salam Sk v. The State Of West Bengal

2024-11-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

13.11.2024 tkm/ct 28 C.R.M. (DB) 3071 of 2024 sl no. 52 In Re : An application for bail under section 483 of the BNSS 2023 in connection with English Bazar PS case no. 1683 of 2022 dated 5.11.2022 under sections 341/326/307/302/34 IPC And In Re : Salam Sk @ Abdul Salam Sk ........ petitioner Mr. Sagar Saha ...... for the petitioner Ms. Faria Hossain Mr. Ashok Das ...... for the State

1. Petitioner is in custody for nine months. He submits he has been falsely implicated. Co-accused is on bail. He prays for bail.

2. Learned lawyer for the State submits petitioner is one of the principal assailants.

3. We have considered the materials on record. As per statement of witness before magistrate petitioner is one of the principal assailants. He does not stand on the same footing with coaccused who have been enlarged on bail. On this score his bail prayer was rejected earlier on merits. On the score of delay we are of the opinion delay is not attributable to the prosecution.

4. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

5. Accordingly, prayer for bail is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)