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Calcutta High CourtCRM (DB)/1246/2022dismissed

Alomgir Sk @ Alongir Sk @ Alangir Sk v. State Of West Bengal

2022-05-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

11.05.2022 Serial no.46 Aloke Ct. No. 29 CRM (DB) 1246 of 2022 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Burwan P.S. Case No. 167 of 2021 dated 20.06.2021 under Sections 498A/304B/302 of the Indian Penal Code.

-AndIn the matter of : Alomgir Sk. @ Alongir Sk. @ Alangir Sk. ... ...Petitioner Mr. Partha Sarathi Das, Advocate ... ... For the Petitioner Mr. Saswata Gopal Mukherjee, ld. PP Ms. Faria Hossain, Advocate Mr. Anand Keshari, Advocate ... ... For the State Ms. Shabana Hassin, Advocate Mr. Mobaidur Hassain, Advocate ... ... 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 300 days. The police filed charge-sheet. The police complaint was lodged through an order passed under Section 156(3) of the Code of Criminal Procedure three months after the incident. Learned Advocate appearing for the State draws the attention to the earlier order of rejection dated March 7, 2022 passed in CRM (DB) 284 of 2022. He submits that the trial is in progress and the last date for recording the evidence of the prosecution was on May 6, 2022.

The de facto complainant is represented.

There is hardly any change in circumstances subsequent to the earlier order of rejection dated March 7, 2022 in favour of the petitioner. Trial is in progress. We are therefore unable to grant bail to the petitioner.

Consequently, CRM (DB) 1246 of 2022 is rejected. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)