Abhishek Singh v. State Of West Bengal
09.11.2021 pk ct 28 C.R.M. 7206 of 2021 sl no. 92 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 02.11.2021 in connection with Maidan P.S. case no. 87 of 2020 dated 02.08.2020 under sections 302/34 of the Indian Penal Code.
And In Re : Abhishek Singh ........ petitioner Mr. S. Lahiri ...... for the petitioner Mr. Swapan Banerjee, Mr. Suman Dey ...... for the State Heard learned counsel for the petitioner and the State. We have considered the statements of the eye witnesses disclosing that the petitioner assaulted the victim on the head resulting in his death.
In view of the aforesaid facts and the prima facie involvement of the petitioner in the alleged crime as the principal accused and since he does not stand on the same footing with co-accused, who was enlarged on bail, we are not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail is rejected. However, trial court is directed to expedite the trial and conclude the same at an early date preferably within one year from the next date fixed for recording of evidence without granting adjournment to either of the parties.
(Aniruddha Roy, J.) (Joymalya Bagchi, J.)