Calcutta High Court (Appellete Side)
Bhuban Niyogi @ Bhuban Neogi @ Sudip vs Unknown on 6 March, 2024
06.03.2024.
16.
Ct.No.28
as
(Rejected)
C.R.M. (DB) 359 of 2024
In Re:- An application for bail under Section 439 of the Code
of Criminal Procedure in connection Andal P.S. Case No.233
of 2021 dated 02.09.2021 under Sections 395/397/412 of the
Indian Penal Code and Sections 25(1B)(a)/35 of the Arms Act.
In the matter of : Bhuban Niyogi @ Bhuban Neogi @ Sudip.
... Petitioner.
Mr. Anisur Rahman.
...for the Petitioner.
Mr. Saibal Bapuli, ld. A.P.P.,
Mr. Pinak Kr. Mitra.
...for the State.
1.Petitioner is in custody for over two years. Accordingly, he prays for bail.
2. Learned Additional Public Prosecutor opposes the bail prayer. He submits report. He contends bail prayer of co- accused was turned down on 29th February, 2024.
3. We have considered the materials on record. Petitioner is involved in a daring dacoity. He was identified by witnesses during T. I. Parade. Trial is in progress. Prosecution proposes to reduce the number of witnesses and examine around 20 out of 54 witnesses.
4. Learned Additional Public Prosecutor also assures this Court that the efforts shall be made to conclude the trial within one and half years from the next date fixed for 2 recording evidence subject to co-operation by the defence and systemic delays.
4. In the light of the aforesaid facts, we are not inclined to grant bail to the petitioner.
5. Accordingly, the prayer for bail of the petitioner is rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)