Umar Faruque @ Umar Faruk v. State Of West Bengal

18.07.2022.

10.

Ct.No.28 as (Rejected) C.R.M. (DB) 1340 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Harishchandrapur P.S. Case No.98 of 2020 dated 05.02.2020 under Sections 341/326/307/302/324/34 of the Indian Penal Code. In the matter of : Umar Faruque @ Umar Faruk. ... Petitioner.

Mr. Soumik Ganguly, Mr. Asfak Ahammed.

...for the Petitioner.

Mr. Binay Panda, Ms. Puspita Saha.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is in custody for over 800 days. It is submitted there was a free fight between the parties. Petitioner also suffered injuries.

Learned Advocate for the State opposes the prayer for bail. He submits bail prayer of the petitioner was rejected in March, 2022 and charge has been framed thereafter. We have considered the materials on record. Petitioner is the principal assailant who repeatedly struck the victim resulting in multiple injuries and ultimate death. In view of the principal role played by the petitioner in the crime and as his prayer for bail was rejected in March, 2022, we are of the opinion that this is not a fit case to grant bail to the petitioner.

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

Trial court is directed to expedite the trial as early as possible without granting unnecessary adjournment to either of the parties.

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)