Hussan Sekh @ Pradip v. State Of West Bengal

30.03.2023 sdas rejected C.R.M. (DB) No. 1233 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khardah Police Station Case No. 814 of 2021 dated 10.12.2021 under Sections 364/120B of the Indian Penal Code and charge-sheet submitted under Sections 364/120B of the Indian Penal Code and adding Sections 302/201 of the Indian Penal Code.

And In Re : Hussan Sekh @ Pradip ..... petitioner Mr. Moyukh Mukherjee Mr. Abhijit Singh Mr. Sarthak Mondal Mr. Chandra Samadder ... for the petitioner Mr. Neguive Ahmed, learned APP Ms. Trina Mitra ... for the State Learned Counsel for the petitioner submits there is no legally admissible evidence connecting him with the murder. There is delay in trial. He prays for bail.

Learned Counsel for the State opposes the bail prayer. We have considered the materials on record. Statement of witness shows victim was last seen with the petitioner and coaccused. Weapon of offence was recovered on the statements of some of the co-accused viz. Bappa Kar and Susanta Nandi. Bhola Pramanik, another co-accused, made a judicial confession. In view of the aforesaid incriminating materials and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

Trial court is requested to consider the issue of framing of charge at the earliest without granting unnecessary adjournment to either of the parties.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)