Calcutta High CourtCRM(M)/27/2025disposed

Sandip Mahara v. State Of West Bengal

2025-04-11Hon'Ble Justice Suvra Ghosh2 pages

April 11, 2025 31 ARDR (Rejected) CRM (M) 27 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Md. Bazar Police Station Case No. 308 of 2024 dated 25/10/2024 under Sections 103/3(5) of the BNS and Sections 25/27 of the Arms Act. And In Re :

Sandip Mahara ... Petitioner.

Adv. Sujoy Sarkar, Adv. Sneha Srivastava, Adv. Debolina Goswami, ... for the petitioner.

Adv. Ranabir Roy Chowdhury, Adv. Md. Kutub, ... for the State.

Learned counsel for the petitioner submits that the petitioner is in custody for about 165 days and has no nexus with the alleged offence. The offending weapon that is shown to have been recovered from his house was planted. There is no evidence connecting the petitioner to the death of the victim. Learned counsel also submits that one Kayum had granted loan to the victim and had threatened the victim for non-payment of the same. It is possible that Kayum murdered the victim due to non-payment of the said loan. Learned counsel for the State opposes the prayer and submits that bloodstained shirt of the petitioner recovered from his house pursuant to leading statement of the petitioner has been sent for chemical examination. The report is yet to be received. The offending weapon was also recovered from the house of the petitioner, both the recoveries being made pursuant to leading statement of the petitioner.

I have considered the material on record. The statement of the witnesses recorded under Section 161/164 of the Code of Criminal Procedure connects the petitioner to the alleged offence. The

petitioner was last seen together with the victim. There is no material on record connecting Kayum to the crime. Considering the incriminating material available on record prima facie suggesting the involvement of the petitioner in the alleged offence, the 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.)