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Calcutta High CourtCRM (DB)/3235/2024rejected

Tarik Anowar @ Buju @ Baju v. State Of West Bengal

2024-12-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen1 pages

23-12-2024 (ct. no. 29) KOLE CRM (DB) 3235 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Farakka Police Station Case No. 199 of 2023 dated 30.04.2023 under Sections 325/326/307/302/34 of the Indian Penal Code. - A n d - In the matter of : Tarik Anowar @ Buju @ Baju .... Petitioner.

Ms. Shabana Hasin, ... for the petitioner.

Mr. Sandip Chakraborty, Mr. Habib Hasan, ... for the State.

Dictated by Partha Sarathi Sen, J:- 1.

It is submitted on behalf of the petitioner that considering the fact that the present petitioner is languishing in judicial custody for more than one year seven months, the instant application for bail may be considered favourably. 2.

While opposing the bail prayer, learned State Advocate draws our attention to the post mortem report of the deceased as well as the statement of the victim recorded under Section 161 of the Code.

3.

We find prima facie involvement of the present petitioner in the alleged crime from the statements of witnesses who claimed that they have seen the commission of the crime at the instance of the present petitioner along with other co-accused persons. 4.

Considering the serious nature of the crime, we are not inclined to enlarge the petitioner on bail.

5.

CRM (DB) 3235 of 2024 is, thus, dismissed.

6.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Partha Sarathi Sen, J. ) ( Arijit Banerjee, J. )