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Calcutta High CourtCRM/10801/2020rejected

Sk Sanowar Ali @ Badsah v. State Of West Bengal

2021-01-28Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

28.01.2021 Item no.13 Court No.28 Avijit Mitra C.R.M.10801 of 2020 (via video conferencing) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Arambagh Police Station Case No.507 of 2018 dated 16.10.2018 under Sections 302/120(B) of the Indian Penal Code, 1860;

And In Re : Sk. Sanowar Ali @ Badsah .... petitioner Mr. Niladri Sekhar Ghosh, Ms. Srimoyee Mukherjee ....for the petitioner Mr. N. Ahmed, Ms. Amrita Gaur ...... for the State The learned advocate appearing for the petitioner submits that the petitioner is in custody for 839 days and there has been no progress in the case for a considerable period of time. Additionally the learned advocate submits that his wife was a co-accused of the case and has been granted bail by a Coordinate Bench of this Court.

Mr. Ahmed, learned advocate appearing for the State draws attention of this Court to the incriminating materials against the petitioner and further submits that after framing of charge four witnesses have been examined by the prosecution. Having regard to the fact that the petitioner's prayer for bail was earlier considered by a Coordinate Bench of this Hon'ble Court and on an appreciation of the materials on record more particularly, the statement of the witnesses and the complicity of the present petitioner which on the face of it speaks volumes, we are not inclined to release the petitioner on bail.

Accordingly, the application for bail being C.R.M.10801 of 2020 is rejected.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)