Estaul Sekh v. State Of West Bengal

19.02.2024 Sl. No.48 akd [Rejected] C. R. M. (DB) 451 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.02.2024 in connection with English Bazar Police Station Case No.1329 of 2022 dated 24.08.2022 under Sections 302/34 of the Indian Penal Code. (G.R. Case No.5344 of 2022) And In Re: Estaul Sekh ... ... Petitioner Mr. Rajdeep Majumder Mr. Pritam Roy Mr. Soewel Bhattacharjee ... ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mirza Firoj Ahmed Begg ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about one year and three months. It is further submitted victim had committed suicide. Accordingly, he renews his prayer for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Son of the victim stated petitioner had made her drink poison. Vital witnesses are yet to be examined. Hence, we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected.

5. Learned Magistrate is directed to take prompt steps for ensuring attendance of absconding accused and in the event their attendance cannot be secured inspite of exhaustion of all processes, to declare them as proclaimed offenders and commit the case for trial against the petitioner.

6. Parties shall communicate a copy of this order to the trial court for due compliance.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)