Md Akbar @ Doley v. State Of West Bengal

09.02.2023 sdas rejected C.R.M.(DB) No. 546 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bandel GRPS Case No. of dated 29.06.2019 under Sections 302/201/34/120B of the Indian Penal Code and Sections 25/27 of the Arms Act.

And In Re : Md. Akbar @ Doley ..... petitioner Mr. Syed Shahid Imam Md. Khairul ... for the petitioner Mr. Saswata Gopal Mukherjee, learned PP Mr. Mudusudan Sur, learned APP Mr. Ashok Das ... for the State Learned Counsel appearing for the petitioner submits he is in custody for about four years. It is also submitted that there is delay in trial. He prays for bail.

Learned Public Prosecutor opposes the prayer of bail and submits there are ample evidence implicating the petitioner in the murder. Some of accuseds are absconding. Possibility of abscondence of the petitioner cannot be ruled out. We have considered the materials on record. There are evidence implicating the petitioner in the murder. Trial has substantially progressed. Delay is due to vacancy in the trial court. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

Upon Judicial Officer joining the Court, the matter may be taken up at the earliest and concluded within three months from the date of resumption of recording of evidence. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)