Nazimuddin Daftari v. State Of West Bengal

16.12.2020 Sl. No.73 akd [Rejected] C. R. M. 10446 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.12.2020 in connection with Falta Police Station Case No. 125 of 2020 dated 12.08.2020 under Section 302 of the Indian Penal Code read with Sections 25/27 of the Arms Act. (G.R. Case No.1912 of 2020) And In Re: Nazimuddin Daftari ... ... Petitioner Mr. Anjan Bhattacharyya .. Advocate Mr. Partha Sarathi Mandal .. Advocate ... ... for the petitioner Mr. Sudip Ghosh .. Advocate Mr. Bitasok Banerjee .. Advocate ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 122 days. It is further submitted that investigation is complete. Learned advocate appearing for the State opposes the prayer for bail and submits that the victim was shot and a large volume of cash was stolen. Soon after the incident stolen cash was recovered from the petitioner and co-accused persons.

There are materials on record showing recovery of stolen cash from the petitioner and co-accused persons soon after the incident. In view of the aforesaid incriminating fact and the gravity of the offence, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)