Calcutta High CourtCRM (DB)/496/2025rejected

Sujit Kumar @ Bauwa v. State Of West Bengal

2025-03-07Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

08.

07.03.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 496 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Jorasanko P.S. Case No.204/2021 dated 18.9.2021.

And In the matter of: - SUJIT KUMAR @ BAUWA ...petitioner.

Mr. Kumar Shanti Deep Mr. Sujoy Sarkar Mr. Prasun Mukherjee Ms. Kanchan Roy ...for the petitioner.

Mr. Rudradipta Nandy, APP Mr. Mujibar Ali Naskar ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner prays for bail saying that he is in custody for three years and five months. He complains of inordinate delay in progress of the trial. He says that there was no recovery from him. He has been falsely implicated in this case of dacoity.

2. Learned State Counsel files a report. Let the same be kept with the records.

3. From the report we find that the State proposes to examine 13 out of 20 charge-sheet named witnesses, of which four witnesses have already been examined. The report states that the trial should conclude within the next six months. We see that this petitioner was identified in the Test Identification (T.I.) Parade. There is prima facie sufficient incriminating material against him. If convicted of the offence charged with, the petitioner may have to undergo life imprisonment. The

petitioner is a resident of Bihar. There is every likelihood of the petitioner absconding if released on bail.

4. In view of the aforesaid, we are not inclined to entertain the petitioner's prayer for bail, at this stage. The prayer for bail is rejected.

5. The application being CRM (DB) 496 of 2025 is accordingly dismissed.

6. However, since the State says that the trial should conclude within the next six months, if the trial does not conclude within that time-period, the petitioner may renew his prayer for bail. (Prasenjit Biswas, J.) (Arijit Banerjee, J.)