Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re:- Sk.Nuro @ Sk.Nur Islam on 15 May, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 20 15.05.2017
sm Rejected CRM No.4097 of 2017 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 03.05.2017 in connection with Tarakeswar Police Station Case No.235 of 2016 dated 25.07.2016 under sections 326A/307/302 of the Indian Penal Code And In Re:- Sk.Nuro @ Sk.Nur Islam... Petitioner Mr.Pradip Roy ... for the petitioner Mr.Binoy Panda... for the State.
Heard the learned advocates appearing on behalf of the parties. The petitioner is in custody for about 292 days. The charge-sheet has been submitted and May 25, 2017 is the date fixed for taking up the matter for consideration of the question of framing charge.
This is a case of acid attack. There are two victims and one of them has subsequently died sustaining acid burn injury.
The learned advocate for the petitioner vehemently contends that in the injury report, the petitioner's name has not been mentioned, although he is a local man.
On the other-hand, the learned advocate for the State submits that within few hours of the incident, the FIR was lodged and the victims also in their statements recorded under section 164 CrPC implicated the petitioner in the commission of the offence and by another, who was present at the scene of occurrence.
We have gone through the case diary and considering the nature and seriousness of the allegation and the gravity of the offence, we are of the opinion that this not at all a fit case for bail.
2Accordingly, this application for bail stands rejected.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J.)