Saddam Hossain Mondal @ Dalim Mondal v. The State Of West Bengal

20.

18.02.2025 Court No.26 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3860 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: - Saddam Hossain Mondal @ Dalim Mondal. .....petitioner.

Mr. Sourav Chatterjee, Sr. Adv., Mr. Narottam Acharyya ...for the petitioner.

Mr. Debasish Roy, Ld. P.P., Ms. Faria Hossain, Ld. A.P.P., Ms. Suprana Chatterjee ....for the State.

1. Materials in the case diary does not inspire grant of bail to the petitioner. Firearms were recovered on the leading statement made by the petitioner. Eye witnesses saw the petitioner open fire indiscriminately injuring several persons including children. Injured implicate the petitioner.

2. Active role of the petitioner does not place the petitioner on the same footing as other co-accused who did not play such role.

3. There are differences between the co-accused who were enlarged on bail by the jurisdictional court and the petitioner before us. The period of custody is not such that the petitioner should be enlarged on bail.

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

5. CRM (DB) 3860 of 2024 is disposed of.

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