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Calcutta High CourtCRM (DB)/412/2023rejected

Hasen Mondal v. State Of West Bengal

2023-02-02Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

02.02.2023 tkm/ct 28 C.R.M. (DB) 412 of 2023 sl no.52 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Dhubulia Police Station Case No. 270 of 2020 dated 23.10.2020 under Sections 302/34 of the IPC read with sections 25/27 of the Arms Act And In Re : Hasen Mondal ........ petitioner Mr. S K Das Mr. D Brahma ...... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ...... for the State Petitioner is in custody for more than two years. He renews his prayer for bail.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Bail prayer of the petitioner was rejected on merits in July 2022. Delay was due to abscondance of co-accused.

Date has been fixed for consideration of charge.

Under such circumstances, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage. Accordingly, the prayer for bail is rejected. Trial court is directed to consider the issue of farming of charge at the earliest.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)