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Calcutta High CourtCRM/3279/2021rejected

Mangal Yadav v. State Of West Bengal

2021-12-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

08.12.2021.

04.

as (Rejected) C.R.M. 3279 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bandel G.R.P.S. Case No.30 of 2019 dated 29.06.2019 under Sections 302/201/34/120B of the Indian Penal Code and Sections 25/27 of the Arms Act.

In the matter of : Mangal Yadav.

...Petitioner.

Mr. Kunal Ganguly.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipankarn nParamanick.

...for the State.

Heard the learned Advocates appearing for the petitioner and the State.

Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner there is no direct evidence connecting him with the alleged crime. It is also submitted there is slow progress in the matter since the rejection of bail by this Court.

Learned Advocate appearing for the State opposes the prayer for bail and submits that he is the master mind who conspired to do away the deceased. Trial is in progress. His prayer for bail has been turned down repeatedly by this Court.

We have considered the materials on record.

Statements of witnesses prima facie show complicity of the petitioner in hatching a conspiracy to murder the deceased. Trial is in progress. Hence, we do not hazard to make any

observation with regard to merits of the evidence adduced in court.

In view of the aforesaid facts including gravity of the offence and the prima facie involvement of the petitioner in the crime, we are not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

Trial court is directed to conduct the trial on a day to day basis and conclude the same at an early date preferably within six months from the next date fixed for recording evidence before the said court without granting unnecessary adjournment to either of the parties.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)