Raibul Hassan @ Raibul Hasan v. State Of West Bengal

16.05.2023.

38.

Ct.No.28 as (Rejected) C.R.M. (DB) 1934 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raghunathganj P. S. Case No.415 of 2017 dated 12.06.2017 under Sections 341/325/326/307/302/120B of the Indian Penal Code and Sections 25/27 of the Arms Act and charge sheet submitted under Sections 341/325/326/307/302/34 of the Indian Penal Code.

In the matter of : Raibul Hassan @ Raibul Hasan. ... Petitioner.

Mr. S. Das Mahapatra, Mr. Tapodip Gupta.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Amita Gaur.

...for the State.

Mr. Jisan Iqubal Hossain.

...for the de-facto complainant.

Petitioner is in custody for over six years. He submits there is delay in trial. He prays for bail.

Learned Advocate for the State opposes the bail prayer. He submits trial has substantially progressed. Eyewitnesses have identified the petitioner.

We have considered the materials on record. Allegations against the petitioner are grave. Eyewitnesses have identified the petitioner in course of trial. Trial has substantially progressed and a number of witnesses have been examined. Conviction will attract mandatory life imprisonment. Under such circumstances, we are not inclined to grant bail to the petitioner.

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.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)