Aktarul Sk. And ANR. v. State Of West Bengal

21.

29.04.2025 Court No.34. (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 762 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 Nabagram Police Station Case No.35/2023 dated 06.02.2023 under Sections 341/325/326/307/302/34 of the IPC, 1860.

And In the matter of: - Aktarul Sk & Anr.

.....petitioners.

Mr. Tapodip Gupta, Mr. Suman Bhanja ...for the petitioners.

Mr. Bitasok Banerjee, Ms. Srilekha Chattopadhyay ....for the State.

The petitioners are in custody for about 100 days and pray for bail. Learned counsel for the petitioner submits that coaccused have been granted bail earlier. Out of 33 witnesses, 7 witnesses have been examined.

Learned counsel for the State opposes the prayer and submits that the petitioners had absconded for about two years and have surrendered before the learned trial court only after the co-accused were granted bail. Trial could not be proceeded with due their abscondence and had to be split up. Considering the fact that the petitioners absconded for considerable period of time and trial may be stalled further due

to their abscondence if they are enlarged on bail at this stage, prayer of bail is rejected at this stage.

CRM (DB) 762 of 2025 is disposed of.

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

(Suvra Ghosh, J.)