Debendar Paswan @ Bhajan Paswan v. The State Of West Bengal

19-07-2024 (ct. no.28) KOLE CRM (DB) 1967 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Goalpokher Police Station Case No. 530 of 2023 dated 21.09.2023 under Sections 302/120B of Indian Penal Code and Sections 25(i)(a)/27 of the Arms Act. - A n d - In the matter of : Debendar Paswan @ Bhajan Paswan .... Petitioner.

Mrs. Jeenia Rudra, ... For the Petitioner.

Mr. Joydeep Biswas, Mr. S. Nandy, ... For the State.

Mr. M. N. Chowdhury, Ms. S. De, ... for the defacto complainant.

The petitioner says that he has been falsely implicated. He is not the owner of the Scorpio car which was carrying the assailants. He is in custody for 301 days. Investigation is complete. He should be released on bail.

Learned Advocate for the State draws our attention to the case diary. Prima facie there is sufficient incriminating material against this petitioner. He facilitated the alleged murder. Prima facie he is one of the persons who entered into the conspiracy. Charge has been framed. We are told that September 19-21, 2024 have been fixed as the dates for examination of witness. There are 33 witnesses.

In view of the prima facie incriminating material against this petitioner, we are not inclined to allow his application for bail at this stage.

CRM (DB) 1967 of 2024 is, thus, dismissed.

However, considering that the petitioner is in custody for ten months, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same at an early date without granting unnecessary adjournments to either of the parties and if necessary by fixing frequent schedules for examination. 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. )