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Calcutta High CourtCRM (DB)/4622/2023rejected

Bablu Malik v. State Of West Bengal

2023-12-20Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

20.12.2023.

104.

Ct.No.28 as (Rejected) C.R.M. (DB) 4622 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotulpur P. S. Case No.199 of 2021 dated 11.08.2021 under Sections 302/34 of the Indian Penal Code.

In the matter of : Bablu Malik.

... Petitioner.

Mr. S. Chakraborty, Mr. S. Hazra, Mr. K. Das.

...for the Petitioner.

Mr. Sudip Ghosh, Sr. Govt. Adv., Mr. Shilalditya Banerjee.

...for the State.

Mr. M. Bhattacharyya.

...for the de-facto complainant.

1.

Petitioner is in custody for more than two years. He contends case is based on circumstantial evidence. He renews his bail prayer.

2.

Learned Advocate for State opposes the bail prayer. He submits date has been fixed for examination of the remaining few prosecution witnesses.

3.

We have considered the materials on record. Bail prayer of the petitioner was rejected earlier on merits. Trial is at its fag end.

4.

Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

6.

Trial Court is requested to conduct the trial with utmost expedition and conclude the same at an early date

preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)