Tahidul Miah v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 06.03.2023. C.R.M. (DB) 104 of 2023 17/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Sitalkuchi P.S case no.104 of 2021 dated 5.5.2021 under sections 302/34 IPC and sections 25/27 of the Arms Act In the matter of : Tahidul Miah ..... Petitioner Md. Sabir Ahmed Mr. H Saha Poddar Ms. M Das ...for the Petitioner Mr. Sudipto Kr. Mazumdar Mr. Ajay Kr. Singhania ...for the UOI.

Petitioner is in custody for more than a year. It is submitted co-accused is on bail. He prays for bail. Learned Deputy Solicitor General of India submits report.

We have considered the materials on record. Petitioner is the principal offender. He had fired at the victim resulting in his death. He does not stand on the same footing with coaccused who is on bail. In view of the gravity of offence and the principal role played by the petitioner we are not inclined to enlarge the petitioner on bail.

Accordingly, prayer for bail is rejected.

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