Sourav Behara v. State Of West Bengal

April 22, 2025 40 ARDR (Rejected) CRM(DB) 781 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Chandrakona Police Station Case No. 310 of 2023 dated 30/8/2023 under Sections 302/201 of the Indian Penal Code. And In Re :

Sourav Behara ... Petitioner.

Adv. Amit Ranjan Pati, Adv. Swastika Chowdhury, Adv. Khadijatul Kubra, ... for the petitioner.

Adv. Madhusudan Sur, Adv. Md. Yaser A. Ismail, ... for the State.

The petitioner is in custody for about five years and prays for bail. Learned counsel for the petitioner submits that the case is based on circumstantial evidence and the offending weapon which was recovered at the instance of the petitioner was from a place accessible to all. The petitioner was not named in the FIR and has been subsequently implicated in course of investigation. Charge sheet has been submitted. Further detention of the petitioner is not required.

Learned counsel for the State opposes the prayer. I have considered the material on record. It appears that the petitioner had love relation with the victim and both of them stayed together in a hotel for 10/12 days prior to the alleged incident. On the previous night they left the hotel as appears from the statement of the manager of the hotel as well as the registers maintained therein. The body of the victim was found in an abandoned place on the next day. The offending weapon was recovered pursuant to the leading statement of the petitioner and sent for forensic

examination. The report is awaited. Charges have been framed and date fixed for evidence of witnesses.

Considering the gravity of the offence and prima facie involvement of the petitioner therein, prayer for bail is rejected at this stage.

The application for bail is disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)