In a murder trial, the High Court rejected the petitioner's third bail application, noting prior rejections on merits and suppression, and available case diary materials implicating him in the offence.
Prayer for bail rejected.
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08.04.2022 Serial no.41 Aloke Ct. No. 29
CRM (DB) 304 of 2022
In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 27.01.2022 in connection with Deganga P.S. Case No. 430 of 2020 dated 04.09.2020 under Sections 324/326/307/302 of the Indian Penal Code.
-And-
In the matter of : Arif Ali Molla
Mr. Sekhar Kr. Basu, Sr. Advocate Mr. Kusal Kr. Mukhereje, Advocate
… … For the Petitioner Mr. Neguive Ahmed, ld. APP
Ms. Amita Gaur, Advocate
… … For the State
Petitioner renews the prayer for bail.
Learned Senior Advocate appearing for the petitioner submits that the petitioner was arrested on October 1, 2020. The only person claiming to be implicate the petitioner is Nazrul Mandal. Such statement was recorded on October 8, 2020.
Learned Additional Public Prosecutor submits that the murder weapon with blood stain along with shirt of the petitioner containing blood stain were recovered from the tailoring shop of the petitioner.
The Court is informed that the next date for recording the evidence of the prosecution is fixed on May 16, 2022.
The prayer for bail was rejected twice. Once on merits and the second time on the ground of suppression of material facts.
This is the third application for bail. There are materials in the case diary implicating the petitioner in the offence.
Consequently, we are unable to grant bail to the petitioner.
CRM (DB) 304 of 2022 is rejected
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether bail should be granted to the petitioner in the third application considering new materials and suppression of facts.
Whether the evidence implicating the petitioner precludes release on bail.
2 provisions across 2 enactments
Arif Ali Molla
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
