Md. Rabiul Awail @ Awal @ Alam @ Rabiul Awali v. State Of West Bengal

03.04.2024 tkm/ct 28 C.R.M. (DB) 492 of 2024 sl no. 32 In Re : An application for bail under section 439 Cr.P.C in connection with Rejinagar PS case no. 111 of 2021 dated 31.5.2021 under sections 302/307/34 IPC And In Re : Md. Rabiul Awail @Awal @Alam @Rabiul Awali ........ petitioner Mr. D Basu ...... for the petitioner Ms. Sonali Das ...... for the State Mr. Asif Dewan Mr. R Abedin ...... for the de facto complainant

1. Petitioner is in custody for 296 days. He submits he has been falsely implicated. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer. He submits two persons had died in the course of incident.

3. We have considered the materials on record. We have also examined the prosecution witnesses examined in the case. They state petitioner had also participated in the assault.

4. In view of the aforesaid incriminating materials and bearing in mind the gravity of offence resulting in death of two persons we are not inclined to grant bail to the petitioner at this stage.

5. Accordingly, prayer for bail is rejected.

6. Trial court is requested to expedite the trial and conclude the same at an early date.

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