Aloke Kumar Pathak v. State Of West Bengal
D/L39 16.04.2026 C.R.M. (M)571 of 2026 Bpg.
In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Chapra Police Station Case No.1560 of 2025 dated 17.12.2025 under Sections 395/397 of the Indian Penal Code and 25 & 27 of the Arms Act and charge-sheet submitted under Sections 395/397/120B/34 of the Indian Penal Code; Aloke Kumar Pathak
Versus
The State of West Bengal Mr. Ayan Bhattacherjee Mr. Sourav Mukherjee.
...for the petitioner.
Mr. Partha Pratim Das Mr. Rahul Ganguly.
...for the State.
Learned advocate appearing for the petitioner submits that the petitioner is in custody since 9th July, 2024. There has been no recovery from the present petitioner and the petitioner has been implicated on the basis of statement of co-accused. It has also been submitted that the petitioner was neither placed in the T.I. Parade also. Learned advocate further submits that there is no possibility of the trial being concluded in near future as 7 witnesses have only been examined out of 40 witnesses cited in the chargesheet and majority of the vulnerable witnesses have been examined by the prosecution.
Learned advocate for the State opposes the prayer for bail and submits that the incident complained of is inside a jewellery shop where all the staff were tied up and the shop was completely robbed by the associates of petitioner, while petitioner and another were guarding and standing outside the shop room and were seen fleeing away in a motor cycle along with the other four persons who entered the shop. The petitioner was identified from the CCTV footage which has been collected. To that effect, the report of the expert has been obtained, compared and found to be acceptable. Supplementary charge-sheet has also been filed before the learned trial court.
Having considered the stage of the case and prima facie there are accusations wherein the materials are available which may have impact on the outcome of the case, at this stage, I am not inclined to release the petitioner on bail.
Accordingly, the prayer for bail of the petitioner is rejected at this stage.
In case the petitioner has not received the copy of the supplementary charge-sheet and/or relevant documents, State is directed to make necessary arrangement so that the same is supplied to the petitioner within a reasonable period of time, preferably within a fortnight from date. State is also directed to expedite the process of trial having considered the number of witnesses they propose to examine in support of its case. Accordingly, CRM(M)571 of 2026 is dismissed at this stage.
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.)