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Calcutta High CourtCRM(M)/107/2025disposed

Asraf Ali v. State Of West Bengal

2025-04-17Hon'Ble Justice Suvra Ghosh2 pages

17.04.2025 Ct.No.34 b.das Rejected C.R.M. (M) 107 of 2025 In Re : An application for bail under Section 483 of BNSS, 2023 filed in connection with Nadial Police Station Case No.180 of dated 06.12.2019 under Sections 302/201/34 of the Indian Penal Code.

And In Re : Asraf Ali ... Petitioner.

Md. M. Rahaman ... for the petitioner.

Mr. Soumik Ganguly Ms. Sima Biswas ... for the State.

The petitioner is in custody for more than 5 years. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and has no involvement in the alleged offence. The petitioner prays for bail. He has not been identified in T.I. parade. Learned counsel for the State opposes the prayer. I have considered the material on record. Out of 61 witnesses, 9 witnesses have been examined. Though the petitioner has not been identified in T.I. parade, there is material on record to suggest prima facie involvement of the petitioner in the alleged offence. The petitioner appears to have aided the principal assailants in dissecting the body of the victim and disposing it of in the river.

Considering the material available on record as well as prima facie involvement of the petitioner in the alleged offence, the prayer for bail is rejected at this stage.

However, in view of the period of detention of the petitioner, 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. 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.)