Enamul Mondal @ Moni And ANR. v. State Of West Bengal

CRM 4847 of 2021 16.11.2021 court no.

: 28 Item no.

: PB-46 matter : 439 status : REJECTED transcriber : nandy In Re:- An application for Bail under Section 439 of the Code of Criminal Procedure filed on 20.07.2021 in connection with Baduria Police Station Case No. 747 of 2020 dated 18.12.2020 under Sections 341/302/34 of the Indian Penal Code. (G.R. Case No. 5459 of 2020) and In the matter of: Enamul Mondal @ Moni & Anr. ......Petitioners Mr. Kallol Kumar Basu, Advocate Mr. Md. Jannat Ul Firdous, Advocate Ms. Tithi Majumdar, Advocate ......for the Petitioner Mr. Saibal Bapuli, Advocate Mr. Arani Bhattacharya, Advocate ......for the State Mr. Arindam Sen, Advocate Mr. Balaram Sarkar, Advocate Mr. Rinku Sen, Advocate Mr. Sagnik Bhattacharya, Advocate ......for the de facto complainant The petitioners have filed the instant application for bail in connection with Baduria Police Station Case No. 747 of 2020 dated 18.12.2020 under Sections 341/302/34 of the Indian Penal Code.

Learned Advocate for the petitioners submits that the petitioners are languishing in jail for 322 days in connection with the aforementioned case. It is submitted that there is no chance of immediate trial to commence although chargesheet has been submitted but charges have not been framed.

The State opposes the prayer for bail. It is submitted that eyewitnesses have disclosed the name of the petitioners along with other co-accused who have been actively involved in the commission of an offence which led to the death of the deceased. After hearing the learned Counsel for the parties and on

perusal of the materials-on-record including the statement of the eyewitnesses, we find that the materials have been disclosed attributable to the conduct of the petitioners in commission of such offence and, therefore, it is not a fit case where the petitioners should be enlarged on bail.

As such, the prayer for bail is rejected.

The application for bail being CRM 4847 of 2021 is thus dismissed.

However, we request the trial Court to take utmost efforts to commence the trial and bring to its logical conclusion at an earliest.

(Harish Tandon, J.) (Rabindranath Samanta, J.)