25.02.2025 Item No.80 Court No. 26 CHC Rejected CRM (DB) 3109 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Goalpokher Police Station Case No. 75 of 2023 dated 18.02.2023 under Sections 147/148/149/326/307/302/506/34 of the Indian Penal Code, 1860 read with Sections 25(1-A)/27/35 of the Arms Act. -And- In the matter of : Gulam Mohammad @ Mahammed … …Petitioner Mr. Ayan Bhattacharya, Senior Advocate Md. Nauroz Rahber, Advocate Mr. Amit Ranjan Pati, Advocate Mr. Muhammad Jawwad, Advocate … … For the Petitioner Mr. Debasish Roy, Ld. P.P. Ms. Sudipa Biswas, Advocate … …For the State Mr. Sourav Chatterjee, Advocate Mr. M. Nazar Choudhury, Advocate … …for the defacto complainant 1. Petitioner prays for bail. 2. Learned advocate appearing for the petitioner submits that, petitioner is standing on the better footing that than the person who was granted bail by the coordinate Bench on June 24, 2024 passed in CRM(DB) 1620 of 2024. He submits that, a Special Leave Petition directed against such order was dismissed by the Hon’ble Supreme Court on September 6, 2024. 3. Learned Senior Advocate appearing for the petitioner submits that, the petitioner is in custody for 2 years. Other coaccused 2 were enlarged on bail for a period less than 2 years of custody. 4. Learned Senior advocate for the de facto complainant submits that, the same coordinate Bench rejected the prayer for bail of another coaccused on July 19, 2024 passed in CRM(DB) 1755 of 2024. 5. Learned Senior Advocate for the de facto complainant submits that, the petitioner stands implicated in murder and in causing grievous injuries to the persons who survived the assault. 6. Learned Public Prosecutor draws the attention of the Court to the deposition recorded by the prosecution witnesses at the trial so far. 7. We find that, the prayer for bail of one of the coaccused was granted by the coordinate Bench on June 24, 2024 passed in CRM(DB) 1620 of 2024. A Special Leave Petition directed against that order was dismissed. Such coaccused was in custody for 486 days. Bail was granted purely on the principles of Article 21 of the Constitution of India. The same coordinate Bench on July 19, 2024 passed an order in CRM(DB) 1755 of 2024 and did not grant bail to another coaccused even though such coaccused was in custody for 511 days considering the materials on record. 8. The deposition of the prosecution witness no.4 implicates the petitioner in inflicting gunshot injuries to such prosecution witness. 3 9. There is an incident of assault in which a person was murdered and a person received gunshot injuries. 10. Considering the gravity of the offence and the involvement of the petitioner therein and the materials on record implicating the petitioner, we are not inclined to grant bail to the petitioner. 11. Prayer for bail of the petitioner is rejected. 12. CRM(DB) 3109 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)