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Calcutta High CourtCRM (DB)/3416/2024dismissed as rejected

Sk Taibul Ali @ Sk Taibul v. State Of West Bengal

2025-02-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

24.02.2025 Item No.119 Court No. 26 CHC Rejected CRM (DB) 3416 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Arambagh Police Station Case No. 295 of 2020 dated 07.08.2020 under Sections 341/325/326/307/302/427/506/34 of the Indian Penal Code, 1860.

-AndIn the matter of : Sk. Taibul Ali @ Sk. Taibul ... ...Petitioner Mr. Sourav Chatterjee, Sr. Advocate Ms. Namrata Chatterjee, Advocate ... ... For the Petitioner Mr. Saryati Dutta, Advocate Mrs. Debjani Sahu, Advocate ... ...For the State

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

2. Learned Senior Advocate appearing for the petitioner submits that, petitioner is in custody for 4 years 6 months. Prosecution examined only five witnesses out of 15 witnesses. Trial is unlikely to end in the near future.

3. Learned advocate appearing for the State draws the attention of the Court to the status report filed in Court. He submits that, there are nine criminal antecedents so far as the petitioner is concerned.

4. Petitioner stands implicated in murder. He is the principal accused. Post Mortem Report of the victim records that, death was due to injuries suffered out of bomb blast. Eye witness

implicates the petitioner, in throwing the bomb causing death. There are 9 criminal antecedents so far as the petitioner is concerned involving Explosive Substance Act, Arms Act, Indian Explosive Act amongst others.

5. Given the criminal antecedents of the petitioner and the involvement of the petitioner in the incident of murder, we are not inclined to grant bail to the petitioner on the principles of Article 21 of the Constitution of India.

6. Prayer for bail of the petitioner is rejected.

7. CRM(DB) 3416 of 2024 is dismissed.

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