Tapan Barui And ORS v. State Of West Bengal

02.02.2023 sdas rejected C.R.M.(DB) No. 400 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Haroa Police Station Case No. 305 of 2021 dated 21.07.2021 under Sections 147/148/149/326/307/302/506/120B of the Indian Penal Code and Sections 25/27 of the Arms Act.

And In Re : Tapan Barui & Ors. ..... petitioners Mr. Kallol Kumar Basu Mr. Biswajit Hazra Mr. Jannat Ul Firdous Mr. Archisman Sain ... for the petitioner Mr. Neguive Ahamed, learned APP Ms. Ayantika Roy ... for the State Learned Counsel appearing for the petitioners submits they are in custody for more than 400 days. They pray for bail. Learned Counsel appearing for the State opposes the prayer for bail and submits trial is in progress. Large number of witnesses have been examined.

We have considered the materials on record. Trial is in progress. It is also submitted that some of the witnesses have not supported the prosecution case. Case involves murder of two persons. Impact of the hostile witnesses have to be seen in the backdrop of other evidence on record. Under such circumstances, we are not inclined to grant bail to the petitioners at this stage.

The application for bail is, thus, rejected. Trial court is directed to conclude the trial as expeditiously as possible preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)