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Calcutta High CourtCRM (DB)/65/2023allowed

Mizanoor Rahaman @ Mijanur Rahaman v. State Of West Bengal

2023-01-10Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

21.12.2023.

119.

Ct.No.28 as C.R.M. (DB) 65 of 2023 with CRAN 2 of 2023 In Re:- An application for relaxation of condition of bail. In Re : Mizanoor Rahaman @ Mijanur Rahaman.

... Petitioner.

Mr. Sandipan Ganguly, ld. Sr. Adv., Mr. Arkadeb Bhattacharya.

....for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Mrs. Sonali Das.

...for the State.

1.

Petitioner contends that his mother is unwell. Hence, he may be permitted to enter to the District of North 24Paraganas. 2.

Learned Advocate for State contends petitioner is an influential person and vulnerable witnesses may be intimidated. Charge could not be framed due to lack of cooperation of the co-accused. 3.

We have considered the materials on record. Condition was imposed on the petitioner not to enter the district of North 24-Paraganas in January, 2023. Vulnerable witnesses are yet to be examined. Charge has not been framed primarily on the ground adjournments were sought on behalf of the defence.

4.

Under such circumstances, we are not inclined to relax the condition of bail at present.

5.

Accordingly, the application being CRAN 2 of 2023, is disposed of.

6.

Trial Court is requested to consider the issue of framing of charge at the earliest and examine the vulnerable witnesses.

7.

Parties shall communicate this order to the Trial Court for due compliance.

(Gaurang Kanth,J.) (Joymalya Bagchi, J.)