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Calcutta High CourtCRM (DB)/1716/2024rejected

Mihir Ghosh v. State Of West Bengal

2024-05-28Hon'Ble Justice Jay Sengupta,Hon'Ble Justice Uday Kumar2 pages

28.05.2024 Item No.17 Ct.No.08 s.d & b.r rejected C.R.M.(DB) 1716 of 2024 Mihir Ghosh -vsThe State of West Bengal In Re: An application for bail under Section 439 Cr.P.C in connection with Bhimpur P. S. Case No. 398 of 2022 dated 0510-2022 under Sections 452/323/325/354/354B/ 302/120B/506 & 34 of the Indian Penal Code ( G. R. Case No. 2110 of 2023) Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ... for the Petitioner.

Mr. Arindam Sen Ms. Puspita Saha ... for the State.

Ms. Atreyee Halder ...for the de facto complainant.

Vakalatnama filed by the learned advocate for the de facto complainant be kept with the record.

It is an admitted position that the last prayer of bail of the petitioner was turned down by this court on 18-04-2024 in CRM (DB) 1202 of 2024. Learned advocate for the petitioner submits that the next date is fixed on 06-06-2024 for framing of charge.

It is submitted on behalf of the State that there are 34 prosecution witnesses to be examined during trial.

Considering the statements of the witnesses recorded under Section 164 of the Code of Criminal Procedure and in view of the gravity of the offence and the rejection of bail prayer by this Court only about a month ago, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the present petitioner is turned down.

However, considering custody already suffered by the petitioner, learned trial court is requested to expedite the proceeding.

With the aforesaid observations, the application for bail being CRM (DB) 1716 of 2024, is, accordingly, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Uday Kumar, J.) (Jay Sengupta, J.)