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Calcutta High CourtCRM (DB)/1431/2022rejected

Ajaan @ Azan Ali @ Ajan @ Azan Ali v. State Of West Bengal

2022-06-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

08.06.2022 tkm/ct 28 C.R.M. (DB) 1431 of 2022 sl no. 53 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ghola PS case no. 493/2021 dated 3.8.2021 under sections 302/34 IPC And In Re : Ajaan alias Azal Ali alias Ajan alias Azan Ali ........ petitioner Mr. Angshuman Chakraborty Mr. S S Saha ...... for the petitioner Mr. Arijit Ganguly Mr. S K Dan ...... for the State Petitioner renews his prayer for bail and submits that there is delay in the progress of the case since last rejection of bail by this court.

Learned lawyer for the State opposes the prayer for bail. We have considered materials on record including the statement of the minor child of the deceased recorded under section 164 Cr.P.C implicating the petitioner in the murder. Bearing in mind the gravity of the offence and the prima facie involvement of the petitioner therein, we are of the opinion that this is not a fit case to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. Trial court is requested to consider the issue of framing of charge at the earliest and in the event charge is framed, to take the matter to its logical conclusion without granting unnecessary adjournments to the parties.

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