Ajmaul Sk @ Ajimaul Sk @ Sariful Islam v. The State Of West Bengal

18.09.2024 Item no.41.

Court No.28.

S. De (Rejected) CRM (DB) No. 2430 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Ajmaul Sk @ Ajimaul Sk @ Sariful Islam.

......Petitioner.

Ms. Shabana Hasin, Ms. Samima Akter, ...for the petitioner.

Mr. Suman De, Ms. Jonaki Saha, ......for the State.

Dictated by Apurba Sinha Ray, J.

1. Learned counsel for the petitioner submits that the petitioner is in custody for days and investigation as well as examinations of witnesses have progressed to a great extent and further there is no chance of early conclusion of the trial. Since there are total 42 charge-sheet named witnesses, he may be enlarged on bail on any condition.

2. Learned counsel for the State opposes the prayer for bail and says that there are sufficient incriminating materials against the present petitioner.

3. We have considered the case diary as well as other material-on-record. We find that there are sufficient incriminating materials against the present Signed By :

SANDIP DE High Court of Calcutta 24 th of September 2024 01:31:34 PM

petitioner in the case diary. Moreover, the alleged offending weapon was recovered from the house of the present petitioner. We further find that this petitioner does not stand on the same footing as the other co-accused persons who have been granted bail.

4. In view of the above, we are not inclined to grant bail to the petitioner at this stage.

5. Accordingly, CRM (DB) 2430 of 2024 is dismissed.

6. However, we request the learned trial Court to expedite the trial of the case as early as possible. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

SANDIP DE High Court of Calcutta 24 th of September 2024 01:31:34 PM