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Calcutta High CourtCRM (DB)/531/2022dismissed

Alam @ Faruk @ Faruk Hossain v. State Of West Bengal

2022-04-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

(AD) 04.04.2022 C.R.M. (DB) 531 of 2022 Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.386 of 2017 dated 02/07/2017 (Sessions Case No.- 86/2019) under Sections 498A/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. And (Rejected) In the matter of: Alam @ Faruk @ Faruk Hossain ....petitioner.

Mr. Kaustav Bagchi Mr. Arup Sarkar ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Ms. Faria Hossain Ms. Sonali Das ... for the State.

Petitioner renews the prayer for bail.

It is contended on behalf of the petitioner that the trial court is not framing the charges.

Attention of the Court is drawn to the averment in paragraph 8 of the petition which states that there is a stay granted by the revisional Court on the proceeding.

Consequently, the delay in framing the charges cannot be foisted upon the prosecution. There is hardly any material change in circumstances subsequent to the earlier order of rejection.

In such circumstances, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 531 of 2022 is dismissed.

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