Kundan Kumar v. The State Of West Bengal

50.

12.08.2024 Court No.6 (Tanmoy) Rejected CRM (DB) 2529 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Haridevpur Police Station Case No. 58/2022, dated 09.3.2022.

And In the matter of: - Kundan Kumar ...petitioner.

Mr. Arindam Jana Ms. Oishy Mukhopadhyay ...for the petitioner.

Mr. Antarikhya Basu Mr. Arka Chakraborty ...for the State.

1. Learned lawyer for the petitioner contends there is no direct evidence connecting him with the offence of robbery with murder. He is in custody for over two years and five months. Only four out 31 witnesses have been examined. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer.

3. We have considered the materials on record. Statements of witnesses show petitioner and others were seen entering the residence of the victim where he was murdered. He was identified by witnesses during T.I. Parade examination. Other incriminating materials were recovered at the behest of the petitioner and co-accused. Offences, if proved, shall attract mandatory life imprisonment. Trial is in progress.

4. Under such circumstances, we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected. Signed By :

TANMOY GHOSH High Court of Calcutta 14 th of August 2024 11:37:10 AM

6. We request the Trial Court to fix schedules of 3/4 dates at short intervals and conclude the trial at an early date preferably within two years from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 14 th of August 2024 11:37:10 AM