Biswanath Maity Alias Tutan v. State Of West Bengal

24.09.2021 Serial no.8 Dd (Through Video Conference) CRM 6203 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 10th September, 2021 in connection with Belghoria Police Station Case No. 114 of 2019 dated 20.02.2019 under Sections 448/326/307/302/34/120B of the Indian Penal Code and under Section 25/27 of the Arms Act. -AndIn the matter of : Biswanath Maity @ Tutan ... ...Petitioner Mr. Satadru Lahiri, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, Ld. APP Mr. Monoranjan Mahato, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody in excess of 2 years 7 months without possibility of expeditious disposal of the trial. Last witness that was examined was in December, 2019. Thereafter, no witness was present on behalf of the prosecution.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code. He submits that the petitioner is the principal accused. Moreover, in respect of two other co-accused who were granted bail, there are applications for cancellation of bail on the ground that the coaccused submitted sureties with forged documents.

Considering the materials available in the case diary and the statements recorded under Section 164 of the Criminal Procedure Code, we are not inclined to grant bail to the petitioner as there is there is hardly any change in circumstances in favour of the petitioner from the earlier order of rejection of bail.

CRM 6203 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)