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Calcutta High CourtCRM (DB)/3979/2023rejected

Rofikul Sk @ Rafikul v. State Of West Bengal

2023-10-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

12.10.2023 Sl. No.34 akd [Rejected] C. R. M. (DB) 3979 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.10.2023 in connection with English Bazar Police Station Case No.881 of 2019 dated 31.08.2019 under Sections 302/201/120B of the Indian Penal Code. (G.R. Case No.4043 of 2019) And In Re: Rofikul Sk. @ Rafikul ... ... Petitioner Mr. Mazhar Hossain Chowdhury ... ... for the petitioner Ms. Zareen N. Khan Ms. Mayukhi Mitra ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about four years. It is further submitted there is inordinate delay in trial. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits six witnesses have already been examined.

3. We have considered the materials on record. Petitioner was involved in a highway dacoity where the driver of the vehicle was murdered. Trial is in progress. Offences, if proved, would attract mandatory life imprisonment. Keeping in mind the aforesaid facts and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)