Sk Jamir Hossain @ Raj v. State Of West Bengal

CRM 11129 of 2020 17.03.2021 Court No.28 Item No.50 (rejected) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 22.12.2020 in connection with Saktigarh Police Station Case No. 166 of 2019, dated 13.10.2019 under Sections 364A/120B/307 of the Indian Penal Code. akd And In the matter of : Sk. Jamir Hossain @ Raj

...Petitioner

Mr. Raju Mondal ...For the Petitioner Mr. Md. Anwar Hossain, Ms. Sreyashee Biswas.

...For the State.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Saktigarh Police Station Case No. 166 of 2019 under Sections 364A/120B/307 of the Indian Penal Code. The instant application has been filed after the rejection of the bail application by the learned Sessions Judge on 15th February, 2020 on the premise that there is no incriminating materials against the petitioner and the petitioner has also been implicated in connection with another case lodged under the N.D.P.S. Act. It is submitted by the learned Advocate for the petitioner that the petitioner is in custody for nearly 515 days and the charge sheet has already been filed; therefore, no further custodial detention is necessary.

The learned Advocate for the State opposes the prayer for bail and invited our attention to the statement of the boy, who was kidnapped for ransom.

We have perused the statement of the boy, who had disclosed the name of the petitioner and the misdeed, which he did. Furthermore, the petitioner was identified in Test Identification

Parade by the said boy and, therefore, we do not think that it is a fit case where the petitioner should be enlarged on bail. The application for bail, being CRM 11129 of 2020, is thus dismissed.

(Harish Tandon, J) (Tirthankar Ghosh,J.)