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Calcutta High CourtCRM/1561/2021rejected

Najbar Sk. And Another v. State Of West Bengal

2021-04-09Hon'Ble Justice Soumen Sen,Hon'Ble Justice Tirthankar Ghosh2 pages

09.04.2021 Item no.145 Court No.28 Avijit Mitra C.R.M. 1561 of 2021 (through video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Bansdroni Police Station Case No.65 of 2019 dated 04.04.2019 under Sections 302/120B/34 of the Indian Penal Code;

And In Re : Najbar Sk. & anr. .... Petitioners Mr. Nilendra Narayan Ray ...for the petitioners Mr. Neguive Ahmed, Ms. Amita Gaur ...for the State Learned advocate appearing for the petitioner submits that the petitioner is in custody for 21 months and the trial is progressing very slowly.

Learned advocate appearing for the State draws the attention of this Court to the materials available against the present petitioner and others.

Having regard to the nature and gravity of the offence and incriminating materials as available against the petitioner we are not inclined to grant bail to the petitioner at this stage. Accordingly, the petitioner's prayer for bail is rejected.

However, it has been submitted that six witnesses have been examined till date and the number of witnesses relied on by the prosecution is 34. The learned Trial Court as such is directed that steps must be taken for expediting the process of trial so that the examination of all the

prosecution witnesses can be completed within a period of one year from date.

Accordingly, the application being C.R.M. No.1561 of 2021 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.) (Soumen Sen, J.)