Bapi Das v. State Of West Bengal

CRM No.191 of 2021 18.01.21 (S.R.) Sl.11 Ct.28 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Gariahat Police Station Case No.580 of 2012 dated 08.12.2012 under Sections 498A/307/114 of the Indian Penal Code;

And In re: Bapi Das ... petitioner.

Mr. Uttam Majumder Mr. Bhaskar Seth ... for the petitioner.

Ms. Sukanya Bhattacharya Md. Kutubuddin ...for the State.

Mr.

Majumder, learned advocate appearing for the petitioner submits that the petitioner is in custody for eight years. Upon completion of investigation, charge sheet has been filed in the year 2013 and thereafter out of twenty-one witnesses thirteen witnesses have already been examined and as such there is no necessity for further detention of the petitioner. Ms. Bhattacharya, learned advocate appearing for the State opposes the petitioner's prayer and submits that there are materials on record disclosing the direct involvement of the petitioner in the alleged offences. The trial has been delayed due to the absence of the accused persons, who are on bail. The next date has been fixed on 25th January, 2021 for evidence. Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant bail to the petitioner at this stage. Personal appearance of the investigating officer of the concerned case is dispensed with.

The application for bail being CRM No.191 of 2021 is, accordingly, dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)