Nafai Sk @ Nafijul Mallik v. State Of West Bengal

16.03.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M. (DB) 729 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khargram Police Station Case No. 144 of 2020 dated 13.05.2020 under Sections 341/302/34 of the Indian Penal Code, 1860.

And In Re : Nafai Sk. @ Nafijul Mallik ...... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Kallol Kumar Basu ....for the de-facto complainant Mr. Zareen N. Khan Md. Kutub Uddin ....for the State Memo of Evidence filed in Court be taken on record. Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that, the petitioner is in custody for one year ten months. The police filed charge-sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State submits that, the trial is nearing conclusion. The next date fixed are April 2, 2022 and April 11, 2022. Only three prosecution witnesses are yet to be examined.

The de-facto complainant is represented.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the trial is

in progress, we deem it inappropriate to enlarge the petitioner on bail at this crucial stage. Moreover, there is hardly any change in circumstances subsequent to the earlier order of rejection.

In such circumstances, prayer for bail of the petitioner is rejected and the application being CRM (DB) 729 of 2022 is dismissed.

The trial Court is requested to fix consecutive dates of trial subsequent to April 4, 2022 and adhering to the same to the extent possible. The Trial Court is also requested not to grant any unnecessary adjournment to any of the parties. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)