Abhijit Pollay v. State Of West Bengal

04.09.2020 Item No.11 Dc/Aj.

Rejected C.R.M. 6228 of 2020 C.R.A.N. 1 of 2020 (Old No. C.R.A.N. 4737 of 2020) (Through Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure in connection with S.T. No. 129 of 2017 arising out of Jagacha Police Station Case No. 208 of 2016 dated 21.10.2016 under Sections 363/366/ 376/306/ 417/506/34 of the Indian Penal Code.

And In the matter of : Abhijit Pollay. ... Petitioner. Mr. S.B. Roy Chowdhuri.

... For the Petitioner.

Mr. Sudip Ghosh, Mr. Apurba Kumar Datta. ... For the State. Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

The learned advocate for the petitioner submits that the petitioner is in custody for a considerable period of time and there has been no progress of the trial for substantial amount of time.

The learned advocate for the State opposes the prayer for bail and submits that the earlier bail application of the petitioner was rejected by this Court. He further submits that majority of the witnesses, who have been cited by the prosecution, have already been examined.

In view of the stage of the trial, we are of the opinion that the petitioner cannot be favoured with an order of bail. Accordingly, the prayer for bail of the petitioner is rejected. CRM 6228 of 2020 and CRAN 4737 of 2020 are disposed of.

(Tirthankar Ghosh, J.) (Samapti Chatterjee, J.)