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Raju Roy vs Unknown on 16 July, 2018


15 16.07.2018
C.R.M. 318 of 2018
Aloke Court 28

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure filed on 09.01.2018 in connection with
Titagarh P.S. Case No. 260 dated 24.04.2017 under Sections
498A/304B/34 of the Indian Penal Code.

In the matter of : Raju Roy
Mr. Y.J. Dastoor, Sr. Adv.

Mr. Samrat Goswami
… for the Petitioner
Mr. Saswata Gopal Mukherjee, ld. P.P.
Mr. Parthaprataim Das
… for the State

It is submitted on behalf of the petitioner that the

petitioner is in custody for nine months and has been falsely

implicated in the instant case.

Rejected Learned counsel for the State opposes the prayer for bail

and submits that further investigation is complete and the report

of the handwriting expert shows that the suicide note is in the

handwriting of the victim.

We have considered the materials on record. We find that

the delay in progress of trial was due to the fact that there was

further investigation with regard to the authenticity of the suicide

note. The matter is presently at the stage of consideration of

charge. Keeping in mind the materials on record prima facie

implicating the petitioner in the alleged crime and the fact that

date has been fixed for consideration of charge, we are not inclined

in granting bail to the petitioner at this stage.

The application for bail is, accordingly, rejected.

Trial court is directed to consider the issue of framing of

charge on the next date and if he is unable to do so definitely

within 30 days thereof without granting any unnecessary

adjournment to either of the parties and to take the proceeding to

its logical conclusion at an early date.

(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)

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