Code vs In Re:- Nasim Sk on 30 August, 2017

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32 30.8.2017

C.R.M. No.8190 of 2017
p.d.

Re: An application for bail under Section 439 Cr.P.C. affirmed on 18.8.2017 in connection with
Khargram Police Station Case No.23/2017 dated 25.1.2017 under Sections 498A/302/34 of the Indian Penal
Code.

-And –

In re:- Nasim Sk. …. Petitioner.

Mr. Asis Sanyal,
Mr. Robiul Islam … For the petitioner.

Mr. Arun Kumar Maity, A.P.P.,
Mrs. Sukanya Bhattacharyya …. For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is the step-son of the victim and he is in custody

for 220 days. Charge sheet in this case has already been submitted after

completion of the investigation and charge has also been framed.

It is submitted by the learned Counsel for the petitioner that

out of four chargesheeted co-accused persons, three persons have been

granted anticipatory bail by this Court.

It is strenuously submitted by the learned Counsel for the

State by drawing our attention to the dying declaration of the victim as

also the statements of the two minor children of the victim recorded

under Section 164 Cr.P.C. that the name of the petitioner transpires

from the aforesaid materials on record.

After considering the materials in the case diary, more

particularly the dying declaration of the victim as also the statements of

the two minor children of the victim recorded under Section 164 Cr.P.C.,
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since it appears that the petitioner set fire on the victim, we are not

inclined to grant bail to the petitioner at this stage.

The application for bail stands rejected.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J. )

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