Niyaz Akhter @ Sonu v. State Of West Bengal

rkd 19.08.2021 Ct. No.32 C.R.M. 3240 of 2021 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taratala P.S. Case No. 181 of 2016 dated 26/08/2016 under Sections 392/397 of the Indian Penal Code.

And In the matter of: - Niyaz Akhter @ Sonu ....petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha ...for the petitioner.

Mr. Saswata Gopal Mukherjee, P.P., Mr. A. Hossain, Ms. S. Biswas ...for the State.

The petitioner says that his name did not appear in the first charge sheet. The petitioner's name appears in the supplementary charge sheet which was filed two years later. He says that he has no connection with the alleged offence. He is in custody for more than eleven hundred days. There is no possibility of the trial coming to an early conclusion. We have considered the material on record including the T.I. Parade report. The petitioner was identified. The petitioner's name appears in the first charge sheet wherein it is stated that once the petitioner is arrested, the case will be revived and reviewed. Prima facie it appears that the petitioner was absconding. After arresting him the supplementary charge sheet was submitted.

In view of the prima facie involvement of the petitioner in the alleged offence which is of serious nature, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

CRM 3240 of 2021 is, accordingly, dismissed.

However, since the petitioner has been in custody for about three years, we request the learned court below to expedite the trial to the extent possible and bring the same to its logical conclusion as soon as the business of the court may permit. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)