Goury Hazra @ Gouri Hazra v. State Of West Bengal

09.11.2021 saswata/pk ct 28 C.R.M. 7137 of 2021 sl no. 50 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 25.10.2021 in connection with Uttarpara P.S. case no. 689 of 2018 dated 15.09.2018 under sections 302/120B of the IPC, And In Re : Goury hazra @ Gouri Hazra ........ petitioner Mr. Sudip Ghosh Chowdhury ...... for the petitioner Mr. Madhusudan Sur Mr. Dipankar Pramanick ...... for the State The petitioner renews his prayer for bail. He is in custody for 3 years and 3 months.

Learned lawyer for the State opposes the prayer for bail and submits that the delay is due to prevailing pandemic conditions. We have considered the statements of the witnesses as well as the materials collected in the course of investigation. Statements recorded during investigation show that there was an illicit relationship between the petitioner and co accused. There were numerous telephonic conversations between the accused persons on the fateful day. Statements of the witnesses also show presence of the petitioner near the place of occurrence and other incriminating articles had also been seized. In view of the aforesaid facts and the gravity of the offence, we are not inclined to grant bail to the petitioner at this stage. However, keeping in mind the protracted period of detention suffered by the petitioner and as trial proceedings have commenced with abatement of pandemic condition, we request the trial Court to expedite the trial and conclude the same at an early date

preferably within 1 year from the date next fixed for recording evidence without granting adjournment to either of the parties (Aniruddha Roy, J.) (Joymalya Bagchi, J.)