Calcutta High CourtCRM (DB)/4117/2024dismissed as rejected

Sainul Sk. @ Sekh v. The State Of West Bengal

2025-02-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.02.2025 DL-66 Court No.26 CRM (DB) 4117 of 2024 (Bail Rejected) (AD) In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 in connection with Sagarpara Police Station Case No.211 of dated 18.07.2023 under Sections 341/326/307/34 of the Indian Penal Code, 1860 and adding Section 302 of the Indian Penal Code corresponding to G.R. Case No.3289/2023, which is pending before the Learned Chief Judicial Magistrate, Berhampore, Murshidabad.

-AndIn the matter of : Sainul Sk. @ Sekh ... ...Petitioner Md. Abdur Rakib, Advocate ... ... For the Petitioner Ms. Faria Hossain, Ld. APP Mr. Sandip Kundu, Advocate ... ...For the State

1. Petitioner prays for bail.

2. Learned Advocate appearing for the petitioner submits that the petitioner is in custody in excess of one year six months. He submits that, there is contradiction between the First Information Report and the statements allegedly recorded under Sections 161 and 164 of the Code of Criminal Procedure.

3. Learned Advocate appearing for the State draws the attention of the Court to the statements recorded under Sections 164 and 161 of the Code of Criminal Procedure.

4. Police filed charge sheet.

Signed By :

ABHIJIT DAS High Court of Calcutta 19 th of February 2025 02:17:36 PM

5. Charge sheet, inter alia, under Section 302 of the Indian Penal Code as against the petitioner.

6. Materials on record suggest that the victim prior to his death confided in his wife that the petitioner murdered him. One eye-witness tends to corroborate such statement of the wife of the victim.

7. Considering the gravity of the offence, the involvement of the petitioner therein and the period of detention, we are not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for bail of the petitioner is rejected.

9. CRM (DB) 4117 of 2024 is dismissed.

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

ABHIJIT DAS High Court of Calcutta 19 th of February 2025 02:17:36 PM