24.02.2025 Item No.122 Court No. 26 CHC Rejected CRM (DB) 3426 of 2024 In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to erstwhile 439 of the Code of Criminal Procedure, 1973, in connection with Bhowanipore Police Station Case No. 294 of 2022 dated 12.12.2022 under Sections 120B/170/395/397/467/468/471/34 of the Indian Penal Code, other Acts and Sections 25(1B)/27 Arms Act. -And- In the matter of : Sekendar Dewan @ Suikander Dewan … …Petitioner Mr. Imtiaz Ahmed, Advocate Mrs. Ghazala Firdaus, Advocate Mr. Mofakkerul Islam, Advocate Mr. Sk. Saidullah, Advocate Mr. Mithun Mondal, Advocate Mr. Md. Arsalan, Advocate Mr. Md. Bani Israil, Advocate … … For the Petitioner Mr. Sandip Chakraborty, Advocate Mr. S. Kundu, Advocate … …For the State 1. Petitioner prays for bail on the ground of delay of trial. 2. Learned advocate appearing for the petitioner submits that, there are 97 chargesheeted witnesses out of which, only 6 witnesses were examined at the trial. He submits that, petitioners are in custody in excess of 2 years 2 months. 3. Learned advocate appearing for the State submits that, the prosecution is likely to examine 40 witnesses out of 96 prosecution witnesses. He submits that, petitioner along with coaccused impersonated themselves as CBI Officers and 2 committed dacoity. Petitioner was identified in the test identification parade. Stolen articles including cash were recovered from the joint possession of the petitioner. Fake identification card as CBI official was seized from the joint possession of the petitioner. 4. Learned advocate appearing for the State draws the attention of the Court to the order dated September 20, 2023 passed by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No(s).7454 of 2023 and order dated February 11, 2025 passed in Special Leave to Appeal (CRL.) No(s). 15865 of 2024 rejecting the prayer for bail of the coaccused and order. 5. The last order of the Hon’ble Supreme Court rejecting the prayer of the coaccused for bail dated February 11, 2025 requires such coaccused to renew the prayer for bail after six months, if so advised. Six months from February 11, 2025 is yet to expire. 6. Petitioner stands implicated in a case of dacoity, impersonating himself as CBI officials with fake CBI credentials along with stolen articles and cash being recovered from his possession. Petitioner was identified in test identification parade as perpetrator of the crime. 7. Prayer for coaccused was rejected twice by the Hon’ble Supreme Court on September 20, 2023 and February 11, 2025. 8. Considering the period of custody of the petitioner, the gravity of the offence and involvement of the petitioner therein, we do 3 not think it appropriate to invoke Article 21 of the Constitution of India in favour of the petitioner to grant him bail. 9. In such circumstances, prayer for bail of the petitioner stands rejected. 10. CRM(DB) 3426 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)