Rohish Khan @ Raish Khan @ Md. Raish Khan @ Mustak @ Mullaji v. State Of West Bengal

26.09.2023 sdas rejected C.R.M.(DB) No. 3733 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Debra Police Station Case No. 448 of 2020 dated 20.10.2020 under Sections 461/379/395 of the Indian Penal Code.

And In Re : Rohish Khan @ Raish Khan @ Md. Raish Khan @ Mustak @ Mullaji .... Petitioner Mr. Anand Keshari Ms. Sutapa Ghosh (Bose) ....for the petitioner Mr. Madhusudan Sur, learned APP Mr. Dipankar Pramanick ...... for the State

1. Learned Counsel for the petitioner submits he is in custody for more than 747 days. It is also submitted that one of the witnesses who identified the petitioner in the test identification parade has not identified him in Court. He prays for bail.

2. Learned Counsel for the State opposes the bail prayer and submits another witness who has identified the petitioner in test identification parade is yet to be examined.

3. We have considered the materials on record. Allegations involve theft of money from ATM counter. Trial is in progress. One vital witness who identified the petitioner in test identification parade is yet to be examined. Hence, we are not inclined to grant bail to the petitioner.

4. The application for bail is, thus, rejected.

5. We request the trial court to conduct the trial with expedition and conclude the same at an early date preferably within one year from the next date fixed for recording evidence without granting unnecessary adjournment to either of parties. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)