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Calcutta High CourtCRM(M)/266/2025rejected

Ajit Ali Molla v. State Of West Bengal

2025-05-05Hon'Ble Justice Suvra Ghosh2 pages

May 05, 2025 20 ARDR (Rejected) CRM (M) 266 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Minakhan Police Station Case No. 265 dated 28/7/2015 under Sections 302/34 of the Indian Penal Code and Sections 25(i)(a)/27 of the Arms Act.

And In Re :

Ajit Ali Molla ... Petitioner.

Adv. Satadru Lahiri, ... for the petitioner.

Adv. Iqbal Kabir, ... for the State.

Heard learned counsels for the parties.

The petitioner was absconding for more than seven years for which trial had to be split. 15 witnesses were examined and the coaccused were examined under Section 313 of the Code of Criminal Procedure. At that juncture the petitioner was brought under arrest and is in custody for more than two years.

The petitioner prays for bail.

Learned counsel for the State opposes the prayer. Given the fact that the petitioner was absconding for more than seven years and two witnesses have been examined after de novo trial has commenced in respect of the petitioner, this Court is of the view that in the event the petitioner is granted bail at this stage, chances of further abscondence resulting in halting of the trial cannot be ruled out.

In view of the above, the prayer for bail is rejected at this stage.

The application for bail is disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)