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Calcutta High CourtCRM/2087/2021dismissed

Sk. Rehanullah @ Rehan v. State Of West Bengal

2021-09-01Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

01.09.2021 Ct. No 29 sdas rejected C.R.M. 2087 of 2021 (via video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Contai Police Station Case No. 355 of 2017 dated 23.11.2017 under Sections 302/201 of the Indian Penal Code.

And In Re : Sk. Rehanullah @ Rehan ..... petitioner Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... for the petitioner Mr. Binay Panda Mr. Subham Bhakat Ms. Puspita Saha ... for the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. He further submits that the earlier rejection of bail was on June 4, 2018. Since then, the trial did not make sufficient progress. Learned advocate appearing for the State submits that the charge-sheet was submitted. After framing of charges, the trial commenced. Out of nineteen witnesses examination of the eighth witness is ongoing. He further submits that, the petitioner is guilty of suppression of material fact. This is the third attempt of the petitioner to obtain bail. The earlier attempts were on June 4, 2018 and May 12, 2020 with the petitioner suppressing the order dated May 12, 2020. Perused the case diary.

It appears that this is the third attempt of the petitioner to obtain bail. Earlier two occasions were on June 4, 2018 and May 12, 2020. Petitioner is silent with regard to the rejection of bail on May 12, 2020.

Considering the materials in the case diary and the conduct of the petitioner in suppressing the second order of rejection of bail dated May 12, 2020 and the fact that the witness action is in progress, we are not inclined to grant bail to the petitioner.

Accordingly, prayer for bail is rejected and the application being CRM 2087 of 2021 is dismissed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)