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Calcutta High CourtCRM (DB)/1195/2022dismissed

Kusumatddin Ali @ Kusumatddin v. State Of West Bengal

2022-05-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

(AD) 05.05.2022 C.R.M. (DB) 1195 of 2022 Court No.29 (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj P.S. Case No.408 of dated 23.05.2021 under Sections 302/201/34 of the Indian Penal Code (Corresponding Session Case No.72 of 2021), now Charge Sheet has been submitted under Sections 302/201 of the Indian Penal Code being Charge Sheet No.672 of 2021.

And In the matter of: Kusumatddin Ali @ Kusumatddin ....petitioner.

Mr. Kaushik Chaudhury Ms. Busra Khatun ...for the petitioner.

Mr. Saibal Bapuli, Ld. APP Mr. Bibaswan Bhattacharya ... for the State.

Mr. Pronojit Roy ... for the de facto complainant.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 341 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required.

Learned Advocate appearing for the State submits that the trial is in progress. The petitioner applied for deferring the date of cross-examination of the de facto complainant. The next date is fixed in the month of July, 2022. He refers to the earlier

order of rejection passed by the Coordinate Bench. In the facts of the present case, there is hardly any material change in circumstances subsequent to the earlier order of rejection dated November 17, 2021. Consequently, we are unable to grant bail to the petitioner.

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

C.R.M. (DB) 1195 of 2022 is dismissed.

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