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Calcutta High CourtCRM (DB)/883/2025rejected

Biswajit Das @ Bhyap v. State Of West Bengal And ANR

2025-05-05Hon'Ble Justice Suvra Ghosh2 pages

05.05.2025 Ct.No.34 b.das Rejected C.R.M. (DB) 883 of 2025 In Re : An application for bail under Section 483 of BNSS, 2023 filed in connection with Kalna Police Station Case No.1247 of dated 20.12.2022 under Sections 343/376D/120B/323/325/365/506 of Indian Penal Code. And In Re :

Biswajit Das @ Bhyap ... Petitioner.

Mr. Proloy Hazra ... for the petitioner.

Md. Adil Badr.

Mr. S. Basu Roy Chowdhuri ... for the State.

Mr. Abhijit Singh Ms. Sagnika Banerjee ...for the de facto complainant.

Affidavit of service filed by the petitioner and report submitted by the State are taken on record.

Heard learned counsels for the parties.

Bail prayer of the petitioner was turned down by this Court earlier considering the material on record. Learned counsel for the petitioner submits that the petitioner is in custody for more than 2 years and out of 30 witnesses only 3 witnesses have been examined. Learned counsels for the State and the de facto compliant oppose the prayer.

It appears from the report submitted by the State that cross examination of witnesses is being deferred at the instance of the petitioner on several occasions. Therefore delay in trial can be attributed to the petitioner to a large extent.

Considering the above, prayer for bail is rejected at this stage.

However, the learned trial Court is directed to expedite the trial without granting any unnecessary adjournment to either of the parties, in accordance with law. The application for bail is thus disposed of. Case diary be returned.

All parties shall act on the server copy 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.)