Kiron Toh0r Sk v. State Of West Bengal And ORS.

10.11.2020 Item no. 7 Ct.8 KAUSHIK/CHC Rejected C.R.M. No.8999 of 2020 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with South Bidhannagar Police Station Case No.176 of 2016 dated 13.09.2016 under Section 302/34 of the Indian Penal Code.

And In the matter of:- Kiron Tohor Sk.

... Petitioner Mr. Arka Chakraborty ...for petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerjee ..for State Petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of Court. The petition is taken up through video conference on the basis of such undertaking.

Petitioner has applied for bail in connection with South Bidhannagar Police Station Case no.176 of 2016 dated 13.09.2016 under section 302/34 of the Indian Penal Code.

Mr. Arka Chakraborty, learned advocate appears on behalf of petitioner and prays for bail being granted to his client on submission that evidence disclosed is circumstantial. Petition discloses order dated 11th February, 2020 of coordinate Bench. Said order says petitioner, though in custody for long, had substantially contributed to delay in progress of trial. Direction for expeditious trial was given. Mr. Sudip Ghosh, learned advocate appears for State and submits, since that order four witnesses have been examined. He opposes the grant of bail application.

It appears trial has progressed since February this year, in spite of intervention by the pandemic. No other change in circumstances we notice. As such the application is rejected. C.R.M.8999 of 2020 is disposed of.

(Arindam Sinha, J.) (Md. Nizamuddin, J.)