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Calcutta High CourtCRM (DB)/939/2025rejected

Rabiul Sarder @ Babulal @ Rabiul @ Rabiul Sardar v. State Of West Bengal

2025-05-06Hon'Ble Justice Suvra Ghosh2 pages

06.05.2025 Ct.No.34 b.das Rejected C.R.M. (DB) 939 of 2025 In Re : An application for bail under Section 483 of BNSS, 2023 filed in connection with Mathurapur Police Station Case No.34 of 2022 dated 09.02.2022 under Sections 302/201/34 of the Indian Penal Code.

And In Re : Rabiul Sarder @ Babulal @ Rabiul @ Rabiul Sardar ... Petitioner.

Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das Mr. A. Banerjee Mr. A. Laskar Mr. S. Islam ... for the petitioner.

Ms. Faria Hossain Mr. Ejaz Akhtar ... for the State.

Report submitted by the State is taken on record. Heard learned counsels for the parties.

Learned counsel for the petitioner submits that the petitioner is in custody for more than 3 years. The case is based on circumstancial evidence. Only 17 out of 36 witnesses have been examined so far. The petitioner prays for bail.

Learned counsel for the State opposes the prayer. I have considered the material on record. The petitioner was last seen together with the deceased immediately before his death. Finger prints at the place of occurrence matched with that of the petitioner. Learned counsel for the State submits that 4 more witnesses will be examined by the prosecution.

Considering the material on record prima facie connecting the petitioner to the crime as well as the fact that trial is in progress, prayer for bail is rejected at this stage. 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.)