15 30.10.2024
rkd Ct. No.08 C.R.M. (DB) No. 3675 of 2024
In Re: - An application for bail under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of Code
of Criminal Procedure, 1973 in connection with Shibdaspur P.S. Case
No. 162 of 2022 dated 29/10/2022 under Sections
326/307/302/201/120B/34 of the Indian Penal Code and Section 27
of the Arms Act and Sections 3 & 4 of the Explosive Substances Act,
1908.
And
In the matter of: - Asibur Rahaman @ Bachcha @ Md. Asibur
Rahaman
.
….petitioner
Mr. P. S. Deb Barman,
Mr. Sagar Saha
.
…for the petitioner
Mr. Rudradipta Nandy,
Ms. Puspita Saha
…for the State.
This is an application for bail under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of Code
of Criminal Procedure, 1973.
Mr. Barman, the learned advocate for the petitioner, submits
that a juvenile allegedly involved in the offense has been granted bail.
He contends that the petitioner has been languishing in custody for a
prolonged period and argues that further incarceration of the petitioner
will serve no purpose, and therefore, the petitioner may be granted bail.
The learned counsel for the State opposes the prayer for bail and
produces the case diary. Based on the materials available in the case
diary, he submits that the petitioner is the principal accused. He alleges
that fire arms and other incriminating articles were recovered from the
possession of the petitioner. He asserts that it is not a fit case to grant
bail to the petitioner.
Heard the learned advocates appearing for the respective parties
2
and perused the case diary. The post-mortem report suggests that the
victim died from bullet injuries. Certain incriminating materials were
allegedly recovered from the petitioner’s possession. Additionally,
coordinate Benches have also rejected the bail applications of other
accused persons.
In this context, having regard to the rival submissions of the
parties and taking note of the gravity of the offence and the materials
available on record, we are not inclined to grant bail to the petitioner at
this stage.
Accordingly, the application being C.R.M. (DB) No. 3675 of
2024 stands rejected and dismissed.
(Saugata Bhattacharyya, J.)
(Partha Sarathi Chatterjee, J.)