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Calcutta High CourtCRM (DB)/2420/2024rejected

Juliyas Murmu v. The State Of West Bengal And ANR.

2024-09-06Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

06-09-2024 (ct. no.28) S. De (Rejected) CRM (DB) 2420 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure.

- A n d - In the matter of : Juliyas Murmu.

.... Petitioner.

Mr. A.K. Chakraborti, Mr. S.K. Bhattacharyya, Mr. S. Barman, ... For the Petitioner. Mr. Binay Kr. Panda, Mr. Arup Sarkar, ... For the State. Order dictated by Arijit Banerjee, J.

1. The petitioner says that he has been falsely implicated. He has no role to play in the alleged incident of rape and murder. He is in custody for 531 days. Charge has not been framed. He prays for bail.

2. Opposing the prayer, learned State advocate draws our attention to the statement of the victim lady recorded before her death. She vividly describes the culpable incident where she was raped and physically assaulted which, ultimately, resulted in her death. The victim lady specifically named the present petitioner.

3. In view of such prima facie incriminating material, we are not inclined to allow the petitioner's prayer for bail.

4. CRM (DB) 2420 of 2024 is dismissed.

5. However, considering the fact that the petitioner is in custody for quite some time, we direct the learned Trial Court to consider the issue of framing charges on the next date fixed which we are told is October 7, 2024, and if, charge is framed, to conclude the Signed By :

SANDIP DE High Court of Calcutta 6 th of September 2024 05:32:59 PM

trial as soon as possible and definitely within 18 months from the date of framing of charge.

6. Parties and the learned Registrar General to communicate this order to the learned Trial Court.

( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )