Sohel @ Soyel Hossain v. The State Of West Bengal

69.

06.11.2024 Court No.1 (Tanmoy) Rejected CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE CRM (DB) 522 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Pundibari P.S. Case No. 245/2024 dated 20.04.2024.

And In the matter of: - Sohel @ Soyel Hossain ...petitioner.

Mr. Hillol Saha Podder Ms. Mousumi Das ...for the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Subhasish Misra ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he has been falsely implicated. He was not involved in the alleged crime. He is in custody for 195 days. Beyond filing of charge-sheet nothing has progressed in the trial. Three co-accused persons are absconding. He should be enlarged on bail.

2. Opposing the prayer for bail learned State Advocate draws our attention to the statement of an eyewitness who specifically implicated this petitioner as the prime accused. The victim succumbed to the injury that he sustained. This petitioner along with his friends appears to have brutally assaulted the victim.

3. Considering the nature and gravity of the alleged offence and the prima facie involvement of the petitioner therein, we are

not inclined to enlarge him on bail, at this stage. Hence the prayer for bail is rejected.

4. The application being CRM (DB) 522 of 2024 is accordingly dismissed.

5. All parties shall act in terms of the server copy of this order duly downloaded from the official website of this Court. (Arijit Banerjee, J.) (Biswaroop Chowdhury, J.)