Calcutta High CourtCRM (DB)/3213/2024dismissed as rejected

Harendar Yadav v. State Of West Bengal

2025-02-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

25.02.2025 Item No.81 Court No. 26 CHC Rejected CRM (DB) 3213 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Golabari Police Station Case No. 245 of 2014 dated 16.03.2014 under Sections 327/307/109/120B of the Indian Penal Code.

-AndIn the matter of : Harendar Yadav ... ...Petitioner Mr. Sabir Ahmed, Advocate Mr. Bhaskar Hutait, Advocate ... ... For the Petitioner Mr. Rana Mukherjee, Ld. A.P.P.

Mr. Parvez Anam, Advocate ... ...For the State

1. Supplementary filed in Court be taken on record.

2. Petitioner prays for bail on the ground of delay of trial.

3. Learned advocate appearing for the petitioner submits that, the earlier order of rejection of prayer for bail dated May 21, 2024 passed in CRM(DB) 1511 of 2024 required the trial to be concluded within one year. Trial is yet to be completed. He submits that, charges are yet to be framed and therefore, the trial is unlikely to conclude within the period of one year as directed by the order dated May 21, 2024.

4. Learned Additional Public Prosecutor submits that, petitioner was initially granted bail. He absconded while on bail. Petitioner was rearrested. He refers to the materials on record.

5. Petitioner was initially granted bail when he misutilized such liberty and absconded.

6. Subsequent to his rearrest, petitioner is in custody for a period in excess of two years.

7. The last order of rejection for bail is dated May 21, 2024 which expressed a desire that, the trial should conclude within one year from the date of communication of the order.

8. An year from May 21, 2024 is yet to expire. 9.

There is hardly any material change in circumstances subsequent to the earlier order of rejection till date brought to our notice warranting grant of bail. Given the past history of absconsion by the petitioner, such possibility continues to remain.

10. In such circumstances, we are not inclined to grant bail to the petitioner.

11. Prayer for bail of the petitioner is rejected.

12. CRM(DB) 3213 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)