Majid Md@Tepa v. State Of West Bengal

23.09.2020 pg.

CRM 6779 of 2020 with IA No. CRAN 1 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj P.S. Case No.332 of 2016 dated 21.03.2016 under Section 302 of the Indian Penal Code. And In the matter of: Majid Md @ Tepa ....Petitioner Mr. Kaushik Choudhury ...for the Petitioner Mr. Swapan Banerjee Mr. Narayan Prasad ...for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims to be in custody for more than 570 days and says that all other accused have been released on bail. The State says that the petitioner is the principal accused. According to the State, it was the petitioner who called the victim on the petitioner's mobile and the victim was found dead the following morning. The victim received a bullet injury. It is the further submission of the State that the present petitioner absconded for more than three and a half years and it was only after a proclamation was issued that the petitioner surrendered.

Considering the petitioner's possible involvement in the commission of the offence and the petitioner's previous conduct, the prayer for bail is rejected at this stage. The trial has commenced and there is every likelihood that immediately after normalcy is restored, the trial may resume.

CRM 6779 of 2020 and the interim application therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)