Sk Nasibuddin @ Sekh Nosibuddin And ORS v. The State Of West Bengal

28.02.2025 Serial no. 15 [Dd] (Bail Rejected) CRM (DB) 4430 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dubrajpur Police Station Case No. 234 of 2024 dated 21.08.2024 under Sections 118(2)/109/75/3(5)/126(2) of Bharatiya Nyaya Sanhita, 2023 adding Section 103(1) of BNS, 2023. -AndIn the matter of : Sk. Nasibuddin @ Sekh Nosibuddin & Ors. ... ...Petitioners Mr. Sabir Ahmed, Mr. Dhiman Banerjee, Mr. Ezaz Ahmed, Advocates ... ... For the Petitioners Mr. Kunal Ganguly, Advocate ... ...For the de facto complainant Ms. Sreyashee Biswas, Ms. Poulami Bose, Advocates . ...For the State

1. Three petitioners are before us seeking bail.

2. Period of detention of the three petitioners varies from 167 days to 176 days. One of the co-accuseds is still absconding.

3. A proclamation of arrest was issued.

4. One person was murdered in an incident of assault.

5. Offending weapons were recovered from the possession of the petitioners.

6. There were statements recorded under Section 183 of the BNSS of injured implicating the petitioners.

7. Considering the gravity of the offence, involvement of the petitioners as appearing from the materials from the case diary, we are not inclined to grant bail to the petitioners.

8. Prayer for bail of the petitioners is rejected.

9. CRM (DB) 4430 of 2024 is dismissed.

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