Rajesh Kumar @ Munna v. State Of West Bengal

C.R.M. (DB) 1269 of 2022 12.05.2022 Sl. 60 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with S.T.F. Police Station Case No. 04 of 2018 dated 06.05.2018 under Sections 120B of the Indian Penal Code, 1860 read with Sections 25(1AA) of the Arms Act.

And In the matter of: Rajesh Kumar @ Munna ....petitioner.

Mr. Aniruddha Bhattacharya ...for the petitioner.

Mr. Neguive Ahmed, Ld. APP Ms. Amita Gaur ...for the State.

Petitioner renews the prayer for bail.

This is the 4th application for grant of bail. There is an order dated July 10, 2020 of the Hon'ble Supreme Court directing the learned trial judge to dispose of the trial within a period of six months. There is an order of the co-ordinate bench dated August 9, 2021 noting the order of the Hon'ble Supreme Court, and directing the trial court to complete the trial within six month from the date of communication of the order. However, the trial is yet to be concluded.

Learned Additional Public Prosecutor appearing for the State draws the attention of the Court to the orders of the learned trial judge subsequent to the order of rejection of the bail by the coordinate bench passed on August 9, 2021. It appears from the materials placed on record on behalf of the State, that the State was not indolent in progressing with the trial. The accused and their advocates took adjournments on one pretext or the other on several occasions, thereby, impeding the expeditious disposal of the trial in terms of the order of the Hon'ble Supreme Court and of this Hon'ble Court.

There is hardly any material change in circumstances subsequent to the earlier order of rejection, therefore, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 1269 of 2022 is dismissed.

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