Sk Muju Mohammad v. State Of West Bengal

27.04.2023 Sl. No.24 akd [Rejected] C. R. M. (DB) 1576 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.02.2023 in connection with Dantan Police Station Case No.218 dated 06.06.2022 under Sections 498A/323/307/376/494/506/509/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.479 of 2022) And In Re: Sk. Muju Mohammad ... ... Petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. Subhrajit Dey Ms. Monami Mukherjee ... ... for the petitioner Mr. Debabrata Chatterjee .. ld. Addl. Public Prosecutor Mr. Santanu Chatterjee ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 325 days. Accordingly, he renews his prayer for bail. Learned Advocate for the State submits report. We have considered the materials on record. Bail prayer of the petitioner was rejected earlier on merits. Delay in the matter was due to abscondence of co-accused. Hence, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

We direct the learned Magistrate to exhaust all processes and ensure appearance of co-accused and inspite thereof, if her attendance cannot be procured, to declare her as proclaimed offender and commit the case to the Court of Sessions at the earliest. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)