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Calcutta High CourtCRM/6113/2021rejected

Sk Ezazul v. State Of West Bengal

2021-12-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

10.12.2021 Sl. No.33 akd [Rejected] C. R. M. 6113 of 2021 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 15.09.2021 in connection with Kanksa Police Station Case No. 184 of 2018 dated 14.06.2018 under Sections 302/120B/34 of the Indian Penal Code.

And In Re: Sk. Ezazul ... ... Petitioner Mr. Debjit Mukherjee Ms. Susmita Chatterjee Ms. Sadhana Bhattacharya ... ... for the petitioner Mr. Sudip Ghosh Mr. Apurba Kumar Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for over 889 days. It is further submitted that co-accused person has been enlarged on bail. It is also submitted that there is slow progress in the trial of the case.

Learned advocate appearing for the State opposes the prayer for bail and submits that the petitioner is one of the principal accused persons and does not stand on the same footing with the co-accused who has been enlarged on bail. His prayer for bail was rejected earlier on a number of occasions. Trial has already commenced. We have considered the materials on record. Petitioner is one of the principal accused persons. His prayer for bail was rejected earlier on a number of occasions. Examination of witnesses have already commenced. In view of the aforesaid, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)