Nur Hussain Molla @ Noor Hossain Molla v. State Of West Bengal

13.02.2025 ADSL. 11 Court No.26 S.D.

CRM (DB) 3688 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Minakhan Police Station Case No. 265 of 2015 dated 28.07.2015under Sections 302/34 of the Indian Penal Code, 1860 read with Section 25(i)(a) and 27 of the Arms Act.

-AndIn the matter of: Nur Hussain Molla @ Noor Hossain Molla ... ... Petitioner Mr. Siddhartha Sarkar ... ... For the Petitioner Mr. Saibal Bapuli Mr. Karan Bapuli ... ...For the State Petitioner prays for bail on the ground of period for custody being in excess of 2 years and 2 months. Learned advocate appearing for the State submits that, the petitioner was absconding. Co-accused was convicted at the trial. He submits that materials in the case diary implicate the petitioner in the crime of murder. Records demonstrate that a substantial portion of the prosecution witnesses were examined at the trial so far as the petitioner is concerned. The conduct of the petitioner of absconsion is taken into consideration. So also the role played by the petitioner in the murder.

Considering such aspects, we are not inclined to grant bail to the petitioner and the prayer for bail of the petitioner is rejected.

The application being C.R.M. (DB) 3688 of 2024 stands dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)