Awal Sk @ Awal Sekh v. State Of West Bengal

16-09-2021 (ct. no.32) KOLE CRM 3673 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 368 of 2020 dated 03.10.2020 under Sections 448/302/34 of the Indian Penal Code. - A n d - In the matter of : Awal Sk @ Awal Sekh.

.... Petitioner.

Mr. T. Gupta, ... For the Petitioner.

Mr. S. Ghosh, Mr. B. Banerjee, ... For the State.

The petitioner says that he has no role to play in the death of the victim.

The State says that there was a dispute between the petitioner's brother and his wife. The wife had gone away to her parents' house. The petitioner and his brother went to the wife's parental house to bring back the wife. There an altercation took place between the petitioner and his brother on the one hand and the wife's mother on the other. The wife's mother is the victim. Subsequently, the petitioner and his brother attacked the victim with sharp cutting weapon and caused grievous bodily harm to her. The victim succumbed to such injury.

We have seen the material in the case diary including the statements of eye-witnesses recorded under Section 161 of the Code of Criminal Procedure.

Given the incriminating material against the petitioner and the nature and gravity of the charge, we are not inclined to allow the petitioner's prayer for bail.

Accordingly, the application for bail being CRM 3673 of 2021 is dismissed.

Since the petitioner has been in custody for about 346 days, we request the learned trial court to expedite the consideration of charges and generally bring the trial to an early conclusion to the extent the business of the court may permit. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )