Aminur Hossain @ Sintu v. State Of West Bengal

20.10.2020 SL No.15 Court No.12 (gc) CRM 8108 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Durgachak P.S. Case No.30 dated 18/02/2020 under Sections 302/201/120B/34 of the Indian Penal Code.

And In the matter of: Aminur Hossain @ Sintu.

....Petitioner.

Mr. Navanil De, Mr. R. Chakraborty ...for the Petitioner.

Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Mainak Gupta ...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. The learned Counsel for the petitioner submits that the petitioner has been falsely implicated in this case and at best charges could be framed against the petitioner under Section 201 of the Indian Penal Code which is bailable in nature. The learned Counsel for the State, however, opposes the prayer for bail. It is submitted that the complicity of the petitioner in the commission of alleged offence would be borne out from the materials produced along with the Case Diary for perusal of this Court and it is further submitted that Sukhdeb Das @ Shibu, a co-accused standing on the same footing as that of the present petitioner has been denied bail by a Co-ordinate

Bench initially in June, 2020 and thereafter on 4th September, 2020.

Having considered the materials on record and the prima facie involvement of the petitioner in the commission of the alleged offence as revealed from the Case Diary and also having regard to the fact that the trial has progressed substantially, we are not inclined to grant bail to the petitioner at this stage. The application for bail being CRM 8108 of 2020 is rejected. We direct the trial court to expedite the trial and conclude it as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

All parties are to act on a website copy of this order on the usual undertaking.

(Aniruddha Roy, J.) (Soumen Sen, J.)