Rasel Mia v. The State Of West Bengal

22.01.2025 Item no. 58.

Court No.29.

AB (Rejected) CRM (DB) 3415 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 Kaliachak P.S. Case No.564 of 2022 Dated 26.05.2022 under Sections 448 323/326/354/308/302/34 of the Indian Penal Code And In the matter of : Rasel Mia ......Petitioner.

Mr. M. H. Chowdhury, Ms. Chandrima Debnath......for the Petitioner. Mr. Soumik Ganguly, Ms. Dhanasree Biswas ......for the State.

Dictated by Arijit Banerjee , J.

1.

The petitioner renews his prayer for bail which was rejected on merits by a Coordinate Bench on July 5, 2023. He says that he is in custody for two years and eight months. Nobody knows when the trial will conclude.

2.

From the status report filed by the State, we find that out of 19 charge sheet named witnesses, 16 have already been examined. Therefore, it cannot be said that there is inordinate delay in progress of the trial. There is sufficient incriminating material against the present petitioner including the statements of eyewitnesses. 3.

In view of the gravity of the offence and the overwhelming incriminating material against the petitioner and seeing that the trial is likely to conclude Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 28 th of January 2025 05:06:42 PM

very soon, we are not inclined to allow the petitioner's prayer for bail.

4.

The prayer for bail is rejected.

5.

CRM (DB) 3415 of 2024 is dismissed.

6.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)