Sk. Rajibul v. State Of West Bengal

13-06-2024 (ct. no.28) KOLE CRM (DB) 1579 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Uluberia Police Station Case No. 153 of 2023 dated 11.05.2023 under Sections 302/201/34 of the Indian Penal Code.

- A n d - In the matter of : Sk. Rajibul .... Petitioner.

Mr. Mrityunjoy Chatterjee, ... For the Petitioner.

Mr. Debasish Roy, Ld. PP, Mr. Arijit Ganguly, Mr. Koushik Kundu ... For the State.

The charge is of murder and secreting evidence. It is alleged that the petitioner called the victim girl over telephone and asked the victim to meet him at the place of occurrence. The victim went there and was murdered by the petitioner. The petitioner, of course, denies all such allegations. He says that he has no connection at all with the death of the victim girl. There is no such material in the case diary as would justify his continued detention. He has already been in custody for about one year two months.

From the case diary we find that prima facie there are incriminating materials against the petitioner. Our attention has been drawn to call records as also the post mortem report. We have also seen the statements of witnesses recorded under Section 164 of the Cr. P. C.

Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of June 2024 06:18:07 PM

On an overall assessment of the material on record and given the gravity of the offence, we are not inclined to entertain the petitioner's prayer for bail at this stage.

CRM (DB) 1579 of 2024 is, thus, dismissed.

We are told that there are 13 charge sheeted witnesses. Charge has been framed. The hearing has been fixed by the learned Trial Court on July 6, 2024. Given that the petitioner is already behind the bars for about 14 months, we direct the learned Trial Court to conclude the trial within a year from the next date of haring without granting unnecessary adjournments to either party. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 13 th of June 2024 06:18:07 PM