Md Mokarim v. State Of West Bengal

(ADSL) 115.

13.02.2025 Court No.26 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3829 of 2024 In Re: - An application of bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - Md. Mokarim.

.....petitioner.

Mr. Jaydeep Biswas, Mr. Saptashee Pakrashy ...for the petitioner.

Mr. Soupal Chatterjee, Mr. Anupam Das ....for the de-facto.

Mr. Bibhaswan Bhattacharya, Mr. Atulya Sinha .....for the State.

1. Petitioner prays for bail.

2. Learned advocate appearing for petitioner submits that, the petitioner is in custody for 325 days. He submits that, since the police filed charge-sheet, further detention of the petitioner is not required.

Case as against the petitioner is based on circumstantial evidence at best.

3. The State and the de-facto are represented.

4. Learned advocate appearing for the State draws the attention of the court to the materials in the case diary.

5. Petitioner was last seen together with the victim. Damaged mobile phone belonging to him was recovered on the leading submission made by the petitioner.

6. Charges are yet to be framed.

7. Considering such factual matrix, gravity of the offence and the involvement of the petitioner, we are not inclined to grant bail to the petitioner, at this stage.

8. The prayer for bail is, thus, rejected.

9. CRM (DB) 3829 of 2024 is disposed of.

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