Liakat Sk. @ Yadan Sk. v. State Of West Bengal

C.R.M. (DB) 1021 of 2022 21.04.2022 Sl. 51 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Special Task Force Case No.

dated 02.02.2018 under Sections 120B/121/12A/122/123/124A/125 of the Indian Penal Code and Sections 17/18/48A/19/20/21/28 of the U.A. (P) Act, 1967 and 3/4/6 of the E.S. Act.

And In the matter of: Liakat Sk. @ Yadan Sk.

....petitioner.

Mr. Habibur Rahaman Mr. S. P. Das ...for the petitioner.

Mr. Neguive Ahmed, Ld. APP Ms. Ayantika Ray ...for the State.

Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody in excess of five years. There is hardly any possibility of the trial concluding any time soon since the charges are yet to be framed. The trial did not commence, therefore, the question of its conclusion does not arise. He submits that considering the period of detention of the petitioner, the prayer for bail should be considered.

Learned Additional Public Prosecutor appearing for the State submits that incident is serious in nature.

At least supplementary charge-sheets were filed. Neither the police nor the prosecution are indolent.

It is claimed on behalf of the petitioner that the petitioner is suffering from a medical condition.

The Superintendent of Correctional Home where the petitioner is lodged is requested to extend appropriate medical facility to the petitioner to meet any medical condition of the petitioner.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the petitioner is unable to overcome the restrictions under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 1021 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)