Anup Bar @ Sitka v. State Of West Bengal

20.07.2022 cm/ct 28 C.R.M. (DB) 1807 of 2022 sl. no. 14 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Junput P.S Case No. 48 of 2019 dated 22.08.2019 under Section 326/307/302/201 of the Indian Penal Code.

Rejected And In Re : Anup Bar @ Sitka.

..... petitioner Mr. S.P. Pahari ...... for the petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Madhusudan Sur, Ld. A.P.P., Mr. Dipankar Paramanick.

...... for the State Report is placed on record. It appears from the report injured witness has been examined. Other witnesses are proposed to be examined on and from 2nd August, 2022 to 5th August, 2022. Petitioner is in custody for more than three years. He has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including evidence of the injured witness, P.W.16 who has unequivocally implicated the petitioner in the crime. Other witnesses are proposed to be examined in the month of August, 2022. We request the trial court and other stake holders to ensure the examination of the witnesses in the schedule so fixed.

Keeping in mind the gravity of the offence and the evidence of victim lady in support thereof prima facie implicating the petitioner therein, we do not wish to release him on bail at present.

Trial court shall take all necessary steps to complete the trial as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

Accordingly, the prayer for bail of the petitioner is rejected. Investigating Officer is present. His presence is noted and dispensed with.

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