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Calcutta High CourtCRM (DB)/2034/2024rejected

Santosh Rajak v. The State Of West Bengal

2024-08-21Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

21-08-2024 (ct. no.28) KOLE CRM (DB) 2034 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hare Street Police Station Case No. of dated 13.09.2022 under Section 120B/419/420/466/467/468/471/474 of Indian Penal Code. - A n d - In the matter of : Santosh Rajak .... Petitioner.

Mr. Karan Dudhewala, Ms. Monami Mukherjee, Mr. Lokesh Sharma, ... For the Petitioner.

Mr. Subhomoy Bhattacharyya, Ms. D. Das, ... For the State.

Order dictated by Apurba Sinha Ray, J.:

1.

Learned Counsel for the petitioner submits that the petitioner is in custody for about one year and eight months and he is not involved with the actual commission of the offence. The concerned clerk of the Advocate and the Advocate himself were involved with the commission of the offence. However, considering the period of detention, he may be enlarged on bail on any condition.

2.

Learned Counsel for the State opposes the prayer for bail. According to him, there are sufficient incriminating materials showing that the petitioner along with others were involved with the commission of the offence.

3.

We have gone through the materials on record. It appears that out of 46 witnesses 29 have already been examined before the Learned Trial Court. There are sufficient incriminating materials against the present petitioner.

Signed By :

ABHIJIT KOLE High Court of Calcutta 21 st of August 2024 05:40:31 PM

4.

In view of the above, we are not inclined to allow the petitioner's prayer for bail, at this stage.

5.

CRM (DB) 2034 of 2024 is, thus, dismissed.

6.

However, considering the lengthy period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same by the end of this year.

7. 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 21 st of August 2024 05:40:31 PM