Haydar Sk @ Hayder Ali Sekh And ANR v. The State Of West Bengal
18.02.2025 DL-69 Court No.26 CRM (DB) 4122 of 2024 (Bail Rejected) (AD) In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 in connection with Sessions Case No.219/2024 (S.T. No.1(10) 2024) arising out of Joynagar Police Station Case No.501 of 2023 dated 13.11.2023 under Sections 302/120B/34 of the Indian Penal Code, 1860 pending before the Learned Additional District and Sessions Judge, Fast Track Court, Baruipur, South 24 Parganas. -AndIn the matter of : Haydar Sk @ Hayder Ali Sekh & Anr. ... ...Petitioners Mr. Soumik Ganguly, Advocate Mr. Debapratim Guha, Advocate Ms. Anchita Sarkar, Advocate ... ... For the Petitioners Mr. Debasish Roy, Ld. PP Ms. Anasuya Sinha, Ld. APP Mr. Sharequl Haque, Advocate ... ...For the State
1. Petitioners renew the prayer for grail of bail.
2. Learned Advocate appearing for the petitioners submits that, the petitioners are in custody in excess of 400 days. He submits that, the trial is unlikely to conclude any time soon.
3. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. She submits that, the trial is in progress.
4. Prosecution proposes to examine 18 witnesses, out of which one was examined. Petitioners stand implicated in murder. Active role of the petitioners in the incident appears from the materials placed on record.
Signed By :
ABHIJIT DAS High Court of Calcutta 19 th of February 2025 04:49:34 PM
5. Trial is in progress. Only one prosecution witness was examined.
6. There is a criminal antecedent so far as the petitioner no.1 is concerned.
7. Enlarging any of the petitioners on bail at this stage of the trial may be inimical to the trial itself.
8. In such circumstances, we are not inclined to grant bail to the petitioners at this stage.
9. Accordingly, the prayer for bail of the petitioners is rejected.
10. CRM (DB) 4122 of 2024 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
ABHIJIT DAS High Court of Calcutta 19 th of February 2025 04:49:34 PM