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Calcutta High CourtCRM (DB)/1622/2022rejected

Karan Kumar v. State Of West Bengal

2022-06-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

21.06.2022.

22.

Ct.No.28.

as (Rejected) C.R.M. (DB) 1622 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Girish Park P. S. Case No.19 dated 14.02.2019 under Sections 364(A) and 120B of the Indian Penal Code and Sections 25(1b)(a) and 27 of the Arms Act.

In the matter of : Karan Kumar.

.... Petitioner.

Mr. Randhir Singh.

...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 1000 days. He submits co-accuseds are on bail.

Learned Advocate for the State opposes the prayer for bail. He submits petitioner was identified in course of T.I. Parade. Arms were recovered from his possession. Co-accused viz., Manoj Singh is absconding. Another co-accused Bishnu Prasad Mahato (who was enlarged on bail) misused his liberty and has presently been committed to custody.

We have considered the materials on record. Petitioner was identified in course of T. I. Parade. Pistol and ammunitions were recovered from his possession. He does not stand on the same footing with co-accuseds who have been enlarged on bail. Co-accused viz., Bishnu Prasad Mahato who was released on bail misused his liberty and was re-arrested. Another coaccused viz., Manoj Singh is still absconding.

In view of the aforesaid facts including gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

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

Trial court is requested to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties.

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