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Calcutta High CourtCRM(M)/610/2026dismissed

Raj Kumar Shaw v. State Of West Bengal

2026-04-24Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 106 24.04.2026 Rohit, A.R.(Ct.) ct.no.35 Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (M) 610 of 2026 Raj Kumar Shaw Vs The State of West Bengal In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Howrah Police Station Case No. 274 of 2025 dated 20.06.2025 under Sections 61(2)(a)/140(1)/103(1)/3(5)/310(3)/317(3) of the Bharatiya Nyaya Sanhita, 2023 And In the matter of : Raj Kumar Shaw ......Petitioner.

Dr. Achin Jana Mr. Suman Chakraborty Mr. Prosenjit Ghosh Ms. Chetna Rustagi Mr. Debojyoti Kumar Mrs. Darothi Mukherjee ...for the Petitioner Mr. S. Patel Mr. Arup Sarkar ...for the State

1. Learned Advocate appearing for the petitioner submits that the petitioner was arrested on 21.06.2025 and since then he is in custody. Prosecution has relied upon 15 witnesses and there is hardly any chance of the trial being taken to its logical conclusion. It is also contended that the petitioner is the driver of a company which deals with hired cars and he was never associated with rest of the accused

persons. Further, when the petitioner was proceeding he has sent a watsapp video to the owner which would somehow reflect the innocence of the present petitioner. Petitioner as such may be released on bail on any stringent conditions.

2. Learned Advocate for the State opposes the prayer for bail and submits that on the basis of leading statement of the present petitioner the luggage (blue bag) of the deceased was recovered. The same was subsequently identified by his wife.

3. The statement under Section 183 of BNSS Bhagawan Das Soni also reflects that the petitioner had left the job three to four months earlier and requested to provide a vehicle on hire. Said Bhagawan Das handed over the vehicle which the petitioner drove as such at this stage although petitioner may have a case of defence but the prosecution case is completely different. The deceased was strangulated to death.

4. There are vulnerable witnesses who are to be examined. Charge have been framed very recently. At this stage the prayer for bail of the petitioner may jeopardize the vulnerable witnesses on whom the prosecution case depends upon.

5. Petitioner would be at liberty to approach this Court after the evidence of the vulnerable witnesses are over.

6. Learned Public Prosecutor conducting the trial would provide a list of vulnerable witnesses to the learned Trial Court. Learned Trial Court would give preference to such vulnerable witnesses for being examined.

7. Petitioner would renew his prayer for bail after the evidence of the vulnerable witnesses.

8. At this stage, CRM (M) 610 of 2026 stands dismissed.

9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)