Dalim Sk v. State Of West Bengal

08.06.2022 tkm/ct 28 C.R.M. (DB) 1430 of 2022 sl no. 52 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ausgram PS case no. 138/2020 dated 10.6.2020 under sections 448/326/307/34 IPC adding section 302 IPC And In Re : Dalim Sk ........ petitioner Mr. T D Gupta ...... for the petitioner Mr. N Ahmed Ms. A Gaur ...... for the State Mr. Golam Karim Chowdhury ...... for the de facto complainant Petitioner renews his prayer for bail and submits that he is in custody for 546 days.

Learned lawyer for the State opposes the prayer for bail. We have considered materials on record including the statements of the witnesses which implicate the petitioner in the alleged murder. Delay in the matter is due to abscondence of coaccuseds and cannot be attributed to the prosecution. Under such circumstances, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)