Biswajit Bairagya @ Bishu And ORS. v. State Of West Bengal

04-03-2025 (ct. no. 29) KOLE CRM (DB) 121 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Kaliganj Police Station Case No. 276 of 2021 dated 20.05.2021 under Sections 302/34 of the IPC.

- A n d - In the matter of : Biswajit Bairagya @ Bishu & Ors. .... Petitioners.

Mr. Sandipan Maity, ... For the Petitioners.

Mrs. Faria Hossain, Mrs. Rituparna Saha, ... for the State.

Dictated by Arijit Banerjee, J:- 1.

The petitioners renew their prayer for bail which was rejected thrice earlier and lastly on March 23, 2023. 2.

The petitioners say that they are in custody for about two years and nine months. The trial is still in progress. Six prosecution witnesses have turned hostile. The seizure witnesses say that they were made to sign on blank paper. The petitioners renew their prayer for bail.

3.

Opposing the bail prayer, learned State Advocate tells us that PW 1 and PW 4, both eye-witnesses to the alleged incident of murder, have squarely implicated these petitioners by their names. She shows us the depositions of those two eye-witnesses. Recovery of offending weapon was made from these petitioners. 4.

In view of such incriminating material against the petitioner and noting that only four prosecution witnesses remain to be examined, who are all formal witnesses and April 3 and 4,

2025, have been fixed as the dates for examination of the last four witnesses, we are not inclined to enlarge the petitioners on bail. 5.

CRM (DB) 121 of 2025 is, thus, dismissed.

6.

However, considering the period of detention of the petitioners, we direct the learned Trial Court to conclude the trial as soon as possible without granting unnecessary adjournments to either of the parties.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )