Jamsed Ali Sk vs Unknown on 18 September, 2017

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S/L.7.

September 18, 2017. C.R.M. No. 8533 of 2017
MNS.

In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
August 25, 2017 in connection with Chapra Police Station Case No. 504 of 2016 dated
December 26, 2016 under
Sections 498A/326/307/302/34 of the Indian Penal Code,
1860.

And

In the matter of: Jamsed Ali Sk.

…petitioner.

Mr. Kushal Kumar Mukherjee
…for the petitioner.

Mr. Bidyut Roy,
Ms. Rita Dutta
…for the State.

Heard the learned advocates appearing on behalf of the respective parties.

The accused/petitioner is seeking bail in connection with a case relating to offences
punishable under
Sections 498A/326/307/302/34 of the Indian Penal Code, 1860.

Learned counsel for the petitioner submits that the petitioner is in custody for 274
days and the investigation has been completed and the charge-sheet has been submitted.
Learned counsel for the petitioner further submits that the petitioner is in no way connected
with the alleged crime and he has been falsely implicated in the instant case.

Learned counsel for the State opposes the prayer of the petitioner and submits that
there are sufficient materials in the case diary showing direct involvement of the petitioner in
the alleged offence. Learned counsel for the State draws our attention to the statement of
the witnesses including neighbours recorded under
Sections 161 and the victim recorded
under Section164 of the Code of Criminal Procedure and the post mortem report lying in the
case diary.

Having considered the submissions made on behalf of the parties and the materials in the case
diary including the statements recorded under
Sections 161 and 164 of the Code of Criminal Procedure
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showing direct involvement of the petitioner in the alleged crime, we think that it is not a fit case for granting bail
to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner is rejected.

The application for bail is, thus, disposed of.

(Rajiv Sharma, J.)

(Md. Mumtaz Khan, J.)

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