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.)