Manaj Das @ Monaj Ram @ Manoj Ram v. State Of West Bengal

rkd 14.12.2020 Ct. No.28 C.R.M. 9954 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bizpur P.S. Case No. 455 of dated 18/08/2017 under Sections 498A/325/309/109/326/307/34 of the Indian Penal Code. And In the matter of: - Manaj Das ....petitioners.

Mr. R. Sarkar ...for the petitioners.

Mr. Saswata Gopal Mukherjee, Mr. A. Mitra ...for the State.

Petitioner is in custody for more than 1200 days. He renews his prayer for bail. It is submitted there is little progress in the matter since the last rejection of bail by this Court. Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that the petitioner had set his wife on fire.

We have examined the dying declaration of the victim lady and other statements.

Dying declaration implicates the petitioner. With regard to delay in trial, we note that date had been fixed for recording evidence in May, 2020 but progress in the matter was hindered due to prevailing pandemic conditions. In view of the gravity of the offence and the materials on record implicating the petitioner, we are not inclined to grant bail to the petitioners on merits.

The application for bail is, thus, rejected.

Trial court is, however, directed to forthwith commence examination of witnesses and conclude the same at an early date

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)