Indrajit Biswas @ Bagha v. State Of West Bengal

06.02.2023.

37.

Ct.No.28 as (Rejected) C.R.M. (DB) 449 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Duttapukur P.S. Case No.463 of 2022 dated 11.05.2022 under Section 302 of the Indian Penal Code.

In the matter of : Indrajit Biwas @ Bagha.

... Petitioner.

Mr. Sabyasachi Mukherjee, Ms. Anamika Chatterjee, Mr. Bibek Dey, Mr. Mukesh Khanna.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Ayantika Roy.

...for the State.

Petitioner is in custody for 260 days. It is submitted there is no direct evidence connecting him with the crime. He prays for bail.

Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. A witness states she saw the petitioner travelling on a motor cycle near the house of the deceased. CCTV footage of a nearby nursing home corroborates such fact. Footage also shows effort of the petitioner to hide his identity. Date has been fixed for examination of witnesses.

Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

Trial court is requested to expedite the trial and conclude the same at an early date without granting any unnecessary adjournment to either of the parties.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)