Sk Ripon @ Md Irfan v. State Of West Bengal

D/L215 25.02.2026 C.R.M. (M) 430 of 2026 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 filed in connection with Garden Reach Police Station Case No.55 of 2024 dated 18.03.2024 under Sections 302/307/427/120B of the Indian Penal Code ;

Sk. Ripon @ Md Irfan

Versus

The State of West Bengal Mr. Aniruddha Bhattacharyya Ms. Anushka Bose Ms. Rai Das.

...for the petitioner.

Mr. Rudradipta Nandy Mr. Aniket Mitra.

...for the State.

Learned advocate appearing for the petitioner submits Bpg.

Rejected that the petitioner is in custody for 1 year 11 months and the petitioner being a mason had no role or complicity in the alleged offence, as such, he may be released on bail. Additionally, it has been submitted that there is no possibility of the trial concluding in near future as only 7 witnesses have been examined while the prosecution has relied upon 170 witnesses in the charge-sheet to prove its case.

Learned advocate for the State opposes the prayer for bail and submits that the fact of the case relates to collapse of a building for usage of inferior materials and without any sanction by filling up a water body. 13 persons have expired because of the incident. Prosecution has exerted their efforts but because of

systematic default and contribution of time consumption in course of trial, there is impediment to expedite the process. State has also submitted that they have seriously considered of reduction of the number of witnesses to be cited from 170 to 50, they would further reconsider whether number of witnesses from 50 can be reduced or not.

Having regard to the gravity of the offence where 13 persons died and none of the accused persons have been released on bail, I am of the view that this is not a fit case for acceding to the prayer advanced by the petitioner.

Consequently, the prayer for bail of the petitioner in CRM(M)430 of 2026 is rejected.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)