Gourab Biswas@Baidya v. State Of West Bengal

09.11.2021 Sl. No.24 akd [Rejected] C. R. M. 7088 of 2021 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.10.2021 in connection with Dhantala Police Station Case No. 374 of 2019 dated 01.12.2019 under Sections 302/34 of the Indian Penal Code.

And In Re: Gourab Biswas @ Baidya ... ... Petitioner Mrs. Sonali Das ... ... for the petitioner Mr. Rana Biswas Ms. Debjani Sahu Ms. Sujata Das ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about two years. It is further submitted that there is delay in progress of trial of the case.

Learned advocate appearing for the State opposes the prayer for bail.

We have examined the statements of eyewitnesses recorded under Section 164 of the Code of Criminal Procedure disclosing the petitioner as the principal assailant of the deceased. In view of the gravity of the offence and the prima facie involvement of the petitioner in the alleged crime, we are not inclined in granting bail to the petitioner at this stage.

The application for bail is thus rejected.

However, in view of the protracted period of detention suffered by the petitioner, we request the trial court to conclude the trial at an early date preferably within six months from the next date fixed for recording of evidence without granting unnecessary adjournment to either of the parties.

(Aniruddha Roy, J.) (Joymalya Bagchi, J.)