Sk. Morselim v. State Of West Bengal

30.04.2025 jb.

jdt.

C.R.M. (DB) 810 of 2025 In Re : An Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita filed in connection with Domjur Police Station Case No. 646 of 2024 dated 23.08.2024 under Sections 103(1)/61(2) of Bharatiya Nyaya Sanhita, 2023. And In Re : Sk. Morselim Mr. Milon Mukherjee Sk. Ashraf Ali Golam Mohiuddin ... For the Petitioner.

Ms. Rituparna De Ghosh Ms.Chandreyi Dutta ... For the State Mr. Anindya Bose Mr. Santanu Maji ... For the Defacto complainant The petitioner is in custody for 8 months.

Learned counsel for the petitioner submits that the main thrust of the allegation is against the wife of the deceased who allegedly administered a particular drug to the victim which eventually caused his death. Besides the allegation that the petitioner is the paramour of the wife, there is no evidence connecting him to the alleged crime.

Opposing the prayer learned counsel for the State submits that the statement of the witnesses recorded in course of investigation implicates the petitioner in the crime. It was the petitioner who allegedly supplied the drug to the wife of the deceased without prescription despite the fact that such drug could not have been supplied without the prescription. This Court is informed that charges have been framed and witness action is about to commence.

Considering the material on record prima facie connecting the petitioner to the offence, prayer for bail is rejected at this stage.

Learned trial Court is directed examine the vulnerable witnesses at the earliest and expedite the trial without granting any unnecessary adjournment to either of the parties. 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.)