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Calcutta High CourtCRM (DB)/2033/2022rejected

Abed Ali Khan @ Rajesh v. State Of West Bengal

2022-06-27Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

27.06.2022 tkm/ct 28 C.R.M. (DB) 2033 of 2022 sl no. 47 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with PS DD case no. 196 dated 6.6.2016 under sections 364A/120B IPC read with section 25(1B)(a)/27 of the Arms Act And In Re : Abed Ali Khan @ Rajesh ........ petitioner Mr. S Purakasthya Mr. A Islam Mr. S Mukherjee ...... for the petitioner Mr. N Ahmed Mr. Trina Mitra ...... for the State Petitioner is in custody for six years. It is submitted there is slow progress in the trial of the case.

Learned lawyer for the State opposes the prayer for bail and submits that the petitioner had kidnapped the victim and demanded ransom. Delay in trial is due to dilatory tactics adopted by the petitioner.

We have considered materials on record. Allegation against the petitioner is grave. Delay in trial cannot be wholly attributed to the prosecution.

Under such circumstances, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. Trial court is directed to expedite the trial and conclude the same at an early date preferably within one year from the next date fixed for recording evidence without granting adjournments to either of the parties.

Department is directed to communicate the order to the trial court for necessary compliance.

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