Asit Bhattacharya@Mithun Dolui v. State Of West Bengal

22.11.2021 Serial no. 657 Dd (Through Video Conference) CRM 4825 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Khardah Police Station Case No. 168 of 2017 dated 21.02.2017 under Sections 376D of the Indian Penal Code, 1860 corresponding to G.R. No. 3520 of 2017. -AndIn the matter of : Asit Bhattacharya @ Mithun Dolui ... ...Petitioner Mr. D. N. Chtterjee, Mr. Bimal Sil, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. A. Bhattacharyya, Advocates ... ...For the State This is the second instance that the petitioner is seeking release on bail.

It is submitted by the learned advocate for the petitioner that the petitioner is in custody above four years without advancement in the trial. It is made to understand that three witnesses have been examined but the victim lady is yet to be examined.

Learned advocate for the State submits the case diary including the memo of evidence.

Having heard learned advocates for the parties and in consideration of the statements of the victim lady recorded under Section 164 of the Criminal Procedure Code, we are not inclined to grant bail to the petitioner. Prayer for bail is rejected.

CRM 4825 of 2021 is dismissed.

(Krishna Rao, J.) (Shivakant Prasad, J.)