Calcutta High Court (Appellete Side)
Sk.Noor Alam @ Nure & Anr vs The State Of West Bengal on 9 July, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present:
The Hon'ble Mr.Justice Jayanta Kumar Biswas and The Hon'ble Mr.Justice Subal Baidya CRM No.9485 of 2013 Sk.Noor Alam @ Nure & Anr.
v.
The State of West Bengal Mr.Mazhar Hossain Chowdhury. .. for the petitioners. Mr.N.P.Agarwal. .. for the State.
Heard on: July 9, 2013 Order on: July 9, 2013 Jayanta Kumar Biswas, J: The two petitioners accused of offences under ss.326 /307/333 IPC, ss.25/27 Arms Act, etc. and in custody from March 26, 2013 are seeking bail under s.439 CrPC.
Advocate for the petitioners has submitted that the FIR was lodged in Bhagwanpore police station, not in Egra police station mentioned in the CRM. He has submitted that since the petitioners were not named in the FIR, they should be granted bail.
Advocate for the State has submitted that he has received the case diary of the case registered in Bhagwanpore police station.
The case diary materials reveal that the two petitioners were identified in TI parade; that arms and a motor-bike without number plate were recovered from their possession; and that the s.164 statement of a witness implicates the petitioners.2
In our opinion, this is not a fit case for bail. Bail to the petitioners will affect the general interest of the society and trial of the case.
For these reasons, we dismiss the CRM. Certified xerox.
(Jayanta Kumar Biswas,J.) (Subal Baidya, J.)