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Calcutta High CourtCRM (DB)/3922/2024dismissed as rejected

Khalil Sekh v. The State Of West Bengal

2025-03-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

07.03.2025 Court No.26 S.D.

Rejected CRM (DB) 3922 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 Bakultala Police Station Case no. 215 of 2021 dated 28.08.2021 under Sections 302/34 of the Indian Penal Code, 1860 subsequently charge sheet filed under Sections 302/34 IPC, 1860. -AndIn the matter of: Khalil Sekh ... ... Petitioner Mr. Sutanuka Chowdhury ... ... For the Petitioner Ms. Anasuya Sinha, Ld. A.P.P., Mr. Samarjit Balial ... ...For the State Application for bail is taken up for consideration subsequent to the order dated February 24, 2025. On February 24, 2025, we noted that the petitioner renewed the prayer for bail on the delay of trial. We also noted that the next date before the Trial Court for recording the evidence of the prosecution were fixed on March 3, 2025 and March 4, 2025.

On both those dates at the trial, adjournments were sought for on behalf of the defence and granted. Prosecution is, therefore, at no fault in the delay of trial.

Petitioner stands implicated in the murder. Trial is at the fag end. Granting bail would contribute to the delay given the conduct of the defence.

Enlarging the petitioner on bail will not only send a wrong signal to the society, but also will be inimical to the trial.

In such circumstances, we are not inclined to grant bail to the petitioner and the prayer for bail of the petitioner is rejected.

The application being C.R.M. (DB) 3922 of 2024 stands dismissed.

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