SYNOPSIS
- Case
Title:
Md. Tamrej @ Tamrez v. The State of West Bengal
- Nature
of Application:
This is an application under Section 483 of the Bharatiya Nagrik Suraksha
Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal
Procedure, 1973) praying for grant of bail to the petitioner in
connection with Session Case No. 57 of 2024, corresponding to G.R.
Case No. 2769 of 2023, arising out of Goalpokher Police Station Case No.
530 of 2023, dated 21.09.2023, under Sections 302, 212, 120B of
the Indian Penal Code, 1860, read with Sections 25(1)(a), 27 & 35 of
the Arms Act, 1959.
- Background
of the Case:
The prosecution case, as per the written complaint of one Md. Mashruque Inam
Rahi, alleges that on 20.09.2023 his father, Md. Rahi, was shot dead by unknown
assailants while returning home. It is alleged that one Md. Mustafa conspired
to eliminate the deceased by engaging hired criminals. On the basis of the said
complaint, Goalpokher Police Station Case No. 530 of 2023 was registered under
Sections 302/120B IPC read with Sections 25(1)(a)/27 Arms Act.
- Involvement
of the Petitioner:
The petitioner is not named in the FIR. His name surfaced for the
first time in the charge-sheet (No. 546/2023 dated 18.12.2023), without any
direct or specific role attributed to him. The petitioner was arrested on 23.09.2023,
and since then he has been in judicial custody at Islampur Sub Correctional
Home.
- Proceedings
Below:
The petitioner’s prayer for bail was earlier rejected by the Learned Additional
Sessions Judge, Fast Track Court-II, Islampur, Uttar Dinajpur, by order dated 20.12.2024
in Session Case No. 57 of 2024. His first bail application before this
Hon’ble Court, being C.R.M. (DB) No. 205 of 2025, was dismissed on 04.03.2025.
This is the petitioner’s second bail application.
- Progress
of Trial:
The charge was framed on 11.07.2024. Out of 33 witnesses cited, 17
witnesses have already been examined, including the de facto complainant,
and none of them has implicated the petitioner. The supplementary
charge-sheet (No. 09 of 2024) dated 16.12.2024 has also been filed, completing
the investigation.
- Parity
and Comparative Bail Orders:
Three co-accused have been enlarged on bail by this Hon’ble Court:
- Saddam
Alam @ Bhulu
– granted bail vide Order dated 17.12.2024 in C.R.M. (DB) No.
2850 of 2024;
- Asim
Babu @ Wasim
– granted bail vide Order dated 18.03.2025 in C.R.M. (DB) No.
229 of 2025;
- Golam
Mustafa @ Baba
(the alleged principal accused) – granted bail vide Order dated 28.08.2025
in C.R.M. (DB) No. 486 of 2025.
On the principle of parity, the petitioner seeks similar relief.
- Grounds
for Bail:
- Petitioner
not named in FIR; implication only from charge-sheet.
- No
incriminating evidence from 17 witnesses examined.
- Petitioner
in custody for nearly 1 year 11 months 9 days.
- Investigation
complete; no further custodial interrogation required.
- Co-accused,
including principal accused, already on bail.
- Petitioner
is a permanent resident of Kishanganj, Bihar, and not likely to abscond.
- No
chance of tampering with evidence; most witnesses already examined.
- Long
incarceration amounts to violation of Article 21 of the Constitution.
- Bail
is the rule, jail is the exception.
- Prayer:
The petitioner prays for being enlarged on bail in connection with Session
Case No. 57 of 2024 (G.R. Case No. 2769 of 2023) arising out of Goalpokher
P.S. Case No. 530 of 2023, under Sections 302/120B IPC read with
Sections 25(1)(a)/27/35 of the Arms Act, on appropriate conditions as this
Hon’ble Court may deem fit and proper.
No comments:
Post a Comment