Calcutta High CourtCRM (DB)/3987/2024dismissed as rejected

Md. Habib Mostafa @ Habib Mostafa v. State Of West Bengal

2025-02-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

17.02.2025 Item No.67 Court No. 26 CHC Rejected CRM (DB) 3987 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ratua Police Station Case No. 436 of 2023 dated 31.07.2023 under Sections 449/376/302 of the Indian Penal Code, 1860.

-AndIn the matter of : Md. Habib Mostafa @ Habib Mostafa ... ...Petitioner Mr. Sourav Chatterjee, Advocate Mr. Kalidas Saha, Advocate Ms. Mandira Mandal, Advocate Ms. Khushi Mollick, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, Ld. A.P.P.

Ms. Nahid Ahmed, Advocate ... ...For the State Mr. Sabnam Laskar, Advocate ......For the de facto complainant

1. Petitioner renews the prayer for bail. .

2. Learned Senior Advocate appearing for the petitioner submits that, there are variations in the version of the incident between the police complaint, the statement recorded under Section 164 of the Criminal Procedure Code and the charge sheet.

3. State and the de facto complainant are represented.

4. This is the third application for grant of bail with the first being dismissed as not pressed with second being rejected on merits.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 18 th of February 2025 05:58:59 PM

5. Petitioner stands implicated in the incident of murder. Eyewitness saw the petitioner push the victim from the roof causing the death.

6. Post Mortem Report of the victim corroborates the cause of death as narrated by the eyewitness.

7. Charges as against the petitioner stands framed.

8. Considering the gravity of the offence and involvement of the petitioner therein as transpiring from the materials placed on record, we are not inclined to grant bail to the petitioner.

9. Prayer for bail of the petitioner is rejected.

10. CRM(DB) 3987 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 18 th of February 2025 05:58:59 PM