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Calcutta High CourtCRM/7539/2020rejected

Anup Bar v. State Of West Bengal And ORS.

2020-10-16Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Subhasis Dasgupta2 pages

16.10.2020 Item no. 19 Ct.11 FB/G. S. Das C.R.M. No.7539 of 2020 With 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 ST- No. 3/FEB/2020 arising out of Junput Coastal Police Station Case No. 48/2019 dated 22.08.2019 under Section 326/307/302/201 of the Indian Penal Code..

And In the matter of:- Anup Bar ... Petitioner Mr. Arindam Jana Mr. Soumajit Chatterjee .. for the petitioner Mr. N. Ahamed Ms. Amita Gaur ..for the State The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. It is submitted by the Learned Advocate for the petitioner that the trial has not been commenced in spite of the charge-sheet being submitted in this case long before.

The prayer for bail is on the ground of long incarceration. Ms. Gaur, Learned Advocate, appearing for the State adverting to the copy of the statement of witness recorded under Section 164 of the Cr.P.C. together with the post-mortem report, submits

that the petitioner had played active role in the commission of murder.

Having considered the materials collected in the C.D. and bearing in mind the submission made in context with the allegation, and further for the name of the accused person having found to appear in the statement of the witness recorded under Section 164 Cr.P.C., we are not persuaded to grant bail to the petitioner.

The prayer for bail is rejected.

Learned Trial Court is requested to conclude the trial as expeditiously as possible. CD be returned.

CRM 7539 of 2020 and CRAN 1 of 2020 are disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to convenience with all requisite formalities.

(Subhasis Dasgupta, J.) (Subrata Talukdar, J.)