Rajkumar Ghosh @ Fouji v. State Of West Bengal

15.01.2021 Court No.28 rpan / 27 C.R.M. 316 of 2021 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Raghunathganj P.S. Case No.192 of 2018 dated 08.05.2018 under Section 302 of the Indian Penal Code and Sections 25.27 of the Arms Act. And In Re : Rajkumar Ghosh @ Fouji

...Petitioner.

Mr. Usof Ali Dewan, Mr. Asif Dewan ....for the petitioner.

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

The learned advocate for the petitioner submits that the petitioner is in custody for 2 years and 5 months and out of fourteen witnesses, relied upon by the prosecution, only six witnesses have been examined. It is the further submission of the learned advocate that the petitioner so far has not been implicated by any witnesses who has deposed in court and rest of the witnesses are from the Government departments. Mr. Ahmed, learned advocate for the State produces the case diary and opposes the prayer for bail.

We have perused the materials on record as also the stage of the case. Having regard to the fact that six witnesses have already been examined and next date is fixed on 16th January, 2021 for evidence, we do not think it fit and proper to release

the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

However, we direct the learned trial court to complete the examination of rest of the eight witnesses within a reasonable period of time. All efforts must be taken so that the trial be completed and the judgment is pronounced in course of 2021. With the aforesaid observations, CRM No.316 of 2021 is disposed of.

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