Md Rabiul Hoque @Rabiul@Rabiul Haque v. State Of West Bengal

13.01.2021 Court No.28 rpan / 19 C.R.M. 212 of 2021 (Via Video Conference) In Re : Md. Rabiul Hoque @ Rabiul @ Rabiul Haque

...Petitioner.

Mr. Kallol Mondal, Mr. Musharraf Alam Sk.

Mr. Krishan Roy, Ms. Amrita Chel ....for the petitioner.

Mr. Neguive Ahmed, Ms. Amrita Gaur ....for the State.

The present application has been preferred under Section 439 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case no.483 of 2015 dated 03.09.2015 under Sections 341/326/307/302/201/379/34 of the Indian Penal Code read with Sections 25(i)(a)/27/35 of the Arms Act. Mr. Mondal, learned advocate appearing for the petitioner submits that upon completion of investigation, charge sheet has been filed on 20th November, 2016 and the petitioner is in custody for more than 305 days. He further submits that three accused persons have already been granted bail and in view of such circumstances, further detention of the petitioner is not necessary.

Mr. Ahmed, learned advocate appearing for the State opposes the petitioner's prayer and submits that the petitioner was absconding for a period of more than four years. Having heard the learned advocates and upon considering the materials in the case diary, the gravity of the offence and

the fact that he is absconding for a period of four years, we are not inclined to grant bail to the petitioner at this stage. Accordingly, the application for bail, being CRM No.212 of 2021, is rejected.

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