SK. MAJIBUL @ MAJIBUL RAHAMAN @ SK. MOJIBUL v. THE STATE OF WEST BENGAL
CRM (DB)/752/2025 · 2025-04-24
Suvra Ghosh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11807 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11807 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24.04.2025 Item No.16 Ct.No.34 rc.
C.R.M. (DB) 752 of 2025
In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kankartala Police Station Case No. 142 of 2023 dated
21.12.2023.
And
In Re : Sk. Majibul @ Majibul Rahaman @ Sk. Mojibul
... Petitioner
Mr. Ayan Bhattacharya Mr. Kunal Ganguly
... for the Petitioner
Mr. Ranadeb Sengupta Mr. Atanu Ghosh
... for the State
The petitioner is in custody for more than one year and prays for bail. Learned counsel for the petitioner submits that co- accused similarly circumstanced with the petitioner has been granted bail earlier. The alleged incident was a conjoint act of all the accused and the petitioner cannot be distinguished from the others who are on bail. Opposing the prayer, learned counsel for the State submits that the petitioner is the principal assailant who inflicted the fatal blow on the victim. Bail prayer of the petitioner was turned down by this Court earlier considering the material on record. The petitioner is the principal accused who dealt the fatal blow and cannot be equated with the co-accused who were granted bail earlier.
2 Considering the gravity of the offence and prima facie involvement of the petitioner therein, prayer for bail is rejected at this stage. The application is disposed of. Case Diary is returned. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)