Naiyer Sultan v. State Of West Bengal

17.02.2025 Ct. No. 26 Item No.31 SB C.R.M. (DB) No. 3882 of 2024 In Re: - An application for bail under Section 439 of Code of Criminal Procedure / 483 of the B.N.S.S. 2023 in connection with Garden Reach P.S. Case No. 64 of 2024 dated April 6, 2024, under Sections 302/324/34 of the IPC.

In the matter of : Naiyer Sultan ...... petitioner Ms. Sonali Das ....for the petitioner Ms. Subhashree Patel Mr. Sobham Gani ....for the State

1. Petitioner prays for bail.

2. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 10 months. There is hardly any possibility of the trial ending any time soon since the prosecution intends to examine at least 30 witnesses.

3. Learned advocate for the petitioner relies on an order dated October 1, 2024 passed in CRM(A) 3521 of 2024 by which, co-ordinate Bench granted anticipatory bail to the co-accused.

4. Learned advocate appearing for the State submits that, the petitioner stands implicated in murder. Petitioner was absconding and was apprehended from Bihar.

5. Co-ordinate bench granted anticipatory bail to three co-accused who are the wives of the three assailants, in CRM(A) 3521 of 2024. Co-ordinate Bench noted the petitioner as one of the assailants.

6. Case records shows that the petitioners stand implicated in the murder. Eye witnesses ascribe active role so far as the petitioner is concerned in the incident of murder.

7. Based on such materials, desirability of granting bail to the petitioner at this stage does not exist.

8. In the facts and circumstances, we are not inclined to grant bail to the petitioner. The prayer for bail is rejected.

9. CRM (DB) No. 3882 of 2024 is rejected.

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