Mustakin Molla @ Sk v. State Of West Bengal

30.09.2022 tkm/ct 28 C.R.M. (DB) 3494 of 2022 sl no. 74 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No.243/2020 dated 11.10.2020, under Sections 302/120B/201/34 of the Indian Penal Code.

And In Re : Mustakin Molla @ Sk.

........ petitioner Mr. Asraf Mandal ...... for the petitioner Ms. Zareen N. Khan, Md. Kudubuddin ...... for the State Petitioner renews his prayer for bail. He submits after rejection of his bail prayer, co-accused Sukhchand Sk. has been enlarged on bail. He prays for bail on parity. Learned lawyer for the State opposes the prayer for bail and submits articles belonging to the deceased were recovered from the petitioner. He does not stand on the same footing with co-accused Sukhchand.

We have considered the materials on record. Sukhchand, who is on bail, does not stand on the same footing with the petitioner. Wearing apparels and mobile phone of the deceased were recovered from his possession.

In view of the aforesaid incriminating materials and as bail prayer of the petitioner was rejected earlier, 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.)