Alif Hossain@Alif Mia v. The State Of West Bengal

rkd 03.09.2020 Ct. No.16 C.R.M. 5592 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ghoksadanga P.S. Case No.

of dated 20/12/2018 under Sections 448/325/326/307/376/511/34/302 of the Indian Penal Code and under Sections 8 of the POCSO Act.

And In the matter of: - Alif Hosssain @ Alif Mia ....petitioner.

Mr. H. S. Poddar ...for the petitioner.

Mr. A. S. Banerjee ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Petitioner is in custody for more than 615 days. It is submitted that trial has not commenced as steps were not taken for arresting the absconding accused persons. Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that the offence is a grievous one. We have considered the materials on record. There are sufficient materials connecting the petitioner with the alleged offence of murder. Delay in the instant case cannot be attributed to the prosecution but owing to the prevailing pandemic conditions it appears that no steps could be taken for the

progress in the matter. Hence, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected.

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