Biren Kumar And ANR v. State Of West Bengal

C.R.M. (DB) 344 of 2022 11.04.2022 Sl. 112 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Kotshila Police Station Case No. 79 of 2020 dated 28.10.2020 under Sections 341/302/34 of the Indian Penal Code.

And In the matter of: Biren Kumar & Ors.

....petitioners.

Mr. Sourav Chatterjee Mr. Pawan Kumar Gupta Mr. Sougata Mitra Ms. Sofia Nesar Ms. Ankita Dey Mr. Santanu Sett ...for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Partha Pratim Das Mrs. Manasi Roy ...for the State.

Petitioner no. 1 prays for bail while the petitioner no. 2 renews the prayer for bail.

The petitioners are in custody in excess of 470 days. Learned advocate appearing for the State submits that there is hardly any possibility of the trial commencing any time soon let alone concluding.

Learned advocate appearing for the State submits that the petitioners are named by the eyewitnesses in statements recorded under Sections 161 and 164 of the Criminal Procedure Code. One of the accused is absconding and, therefore, the trial could not commence. Due process was issued as against the absconding person.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to enlarge any of the petitioners on bail. Accordingly, the prayer for bail of the petitioners is rejected. C.R.M. (DB) 344 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)