Bimala Roy v. State Of West Bengal

CRM 2683 of 2021 (Via Video Conference) 28.06.2021 Court No.28 Item No.39 (Rejected) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Raiganj Police Station Case No.

of 2018, dated 18.08.2018 under Sections 302/201/109 of the Indian Penal Code.

Akd & As And In the matter of : Bimala Roy.

...Petitioner

Mr. Anindya Ghosh, Mr. Sudip Guha.

...For the Petitioner Mr. Binoy Panda, Ms. Puspita Saha.

...For the State.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Raiganj Police Station Case No. 495 of 2018 under Sections 302/201/109 of the Indian Penal Code. Learned Advocate for the petitioner says that the petitioner is in custody since 1039 days in connection with the instant case. It is further submitted that the charge sheet has been filed; the case is committed, yet no progress is shown in the case. Our attention is drawn to the order dated 7th January, 2021, wherefrom it appears that four charge sheeted witnesses have already been examined and, in fact, the fifth witness was to be examined. Since the trial has progressed substantially, we do not think that it is a fit case where the petitioner should be enlarged on bail.

Accordingly, the prayer for bail of the petitioner is rejected. However, Trial Court is requested to expedite the matter. The application for bail, being CRM 2683 of 2021, is thus dismissed.

(Harish Tandon, J) (Subhasis Dasgupta, J.)