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Calcutta High CourtCRM (DB)/1130/2022dismissed

Sk Aktar Hossain @ Sk Aktar Hossen v. State Of West Bengal

2022-04-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

29.04.2022 Serial no.62 [Dd] (Bail Rejected) CRM (DB) 1130 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 163 of 2019 dated 08.04.2019 under Sections 302/120B/34 of the Indian Penal Code.

-AndIn the matter of : Sk. Aktar Hossain @ Sk. Aktar Hossen ... ...Petitioner Mr. Biplab Mitra, Mr. T. K. Har, Mr. Somnath Chakraborty, Advocates ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Shekhar Barman, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the prosecution did not examine any witness on April 5, 2022, April 6, 2022, April 7, 2022, April 8, 2022. Moreover, he refers to the evidence so far led by the prosecution. According to him, such evidence does not implicate the petitioner.

Learned advocate appearing for the State submits that the next date fixed for the purpose of recording evidence are May 12, 2022, May 13, 2022, May 16, 2022, May 17, 2022.

At this stage, we are not called upon to evaluate the evidence led at the trial.

Prayers for bail were rejected on a number of times. There is hardly any material change in circumstances subsequent to the earlier order of rejection.

The trial is in progress.

Learned trial Judge is requested to invoke the provisions under Section 309 of the Criminal Procedure Code and not to grant any unnecessary adjournments to any of the parties.

Consequently, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 1130 of 2022 is dismissed.

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