Rajesh Bansfore v. State Of West Bengal

24-02-2025 (ct. no. 29) KOLE CRM (DB) 211 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 Bhatpara Police Station Case No. 485 of 2024 dated 15.08.2024 under Sections 103/3(5) of the BNS and Sections 25/27 of the Arms Act. - A n d - In the matter of : Rajesh Bansfore .... Petitioner.

Mr. Debasish Kar, Mr. Husen Mustafi, ... For the Petitioner.

Mrs. Anasuya Sinha, Mr. Aritra Bhattacharyya, ... for the State.

Dictated by Apurba Sinha Ray, J:- 1.

Learned Advocate for the petitioner says that the petitioner is in custody for more than six months. The petitioner claims that he was not present at the place of occurrence when the alleged offence took place. In support of this contention he draws our attention to copies of train tickets. He further submits that the petitioner has been falsely implicated. As the investigation is complete, he may be enlarged on bail on any conditions. 2.

Leaned State Advocate opposes the bail prayer. She places before us the statement of the eye-witnesses recorded under Section 164 of the Code of Criminal Procedure showing that they have stated that the present petitioner was present at the spot and had participated in the commission of offence. 3.

We have considered the materials on record. There are sufficient incriminating materials against the petitioner. The eyewitnesses have clearly stated before the learned Judicial Magistrate

that the present petitioner was present at the time of the offence and participated in the commission of the offence. 4.

In view of the materials on record, we are not inclined to enlarge the petitioner on bail at this stage. 5.

CRM (DB) 211 of 2025 is, thus, dismissed.

6.

However, considering the period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the extent possible and conclude the same on an early date without granting unnecessary adjournments to either of the parties and if necessary, by fixing frequent schedules for examination of witnesses.

7.

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