Abhijit Dolui v. State Of West Bengal

17.07.2023 sdas/tkm/ct 28 C.R.M. (DB) 2807 of 2023 sl no.44 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kotulpur PS case no. 303 of 2022 dated 16.11.2022 under section 341/326/307/506/34 IPC and sections 25/27 of the Arms Act adding section 302 IPC And In Re : Abhijit Dolui ........ petitioner Mr. T K Ghosh Mr. T Chowdhury ...... for the petitioner Mr. N Ahmed Mr. M Sur ...... for the State Ms. D Mitra ...... for the de facto complainant Learned lawyer for the petitioner submits that he is unable to arrange his defence. He is in custody for 241 days. He prays for bail.

Learned lawyer for the State opposes the bail prayer and submits bail prayer of the petitioner was rejected earlier on merits in March 2023. Trial has already commenced.

Learned lawyer for the de facto complainant also opposes the bail payer.

We have perused the report. Bail prayer of the petitioner was rejected on merits in March 2023. Thereafter trial has commenced. Under circumstances, we do not consider it prudent to reconsider the bail prayer of the petitioner at this stage. Accordingly, prayer for bail is rejected.

Trial court is requested to expedite the trial and conclude the same at an early date.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)