Calcutta High CourtCRM(DB)/23/2023rejected

Hasanur Rahaman v. The State Of West Bengal

2023-02-27Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta1 pages

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 27.02.2023. C.R.M. (DB) 23 of 2023 96/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Mathabhanga P.S case no.64 of 2011 dated 28.2.2011 under sections 395/397 IPC added section 396 of the IPC read with section 216A/412 IPC In the matter of : Hasanur Rahaman ..... Petitioner Mr. H Saha Poddar Ms. M Das ...for the Petitioner Mr. Ujjwal Luksom Mr. Arjun Cowdhury ...for the State.

It is contended petitioner had been enlarged on bail. Subsequently, he was re-arrested and is in custody for 235 days.

Learned lawyer for the State opposes the bail prayer. He submits petitioner misused his liberty. Co-accuseds are absconding.

There are materials to implicate the petitioner in the crime. Offence involves dacoity and murder. Petitioner misused his liberty and was re-arrested. Co-accuseds are absconding.

Under such circumstances, we do not consider it prudent to enlarge the petitioner on bail.

Accordingly, prayer for bail is rejected.

(Subhendu Samanta,J.) (Joymalya Bagchi, J.)