Biky Saha @ Biki Saha @ Viki Saha v. State Of West Bengal
June 11, 2025 30 ARDR (Rejected) CRM (M) 429 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Raiganj Police Station Case No. 379 of 2009 dated November 28, 2011 under Sections 302/201/34 of the Indian Penal Code. And In Re :
Biky Saha @ Biki Saha @ Viki Saha ... Petitioner.
Adv. Srinjan Ghosh, ... for the petitioner.
Sr. Adv. Sourav Chatterjee, Adv. Soumya Nag, ...for the defacto complainant.
Adv. Rudradipta Nandy, Adv. Nandini Chatterjee, ...for the State.
The petitioner is in custody for more than twelve years and prays for bail solely on the ground of his prolonged incarceration. Opposing the prayer, learned counsel for the State as well as the defacto complainant submit that the petitioner, while in custody, severely assaulted one of the witnesses who appeared before the Court to adduce evidence in the present case. Also, one of the co-accused who was released on bail murdered one of the witnesses and a separate proceeding is pending against him which is at the argument stage.
Learned counsel for the State submits that the prosecution intends to examine two more witnesses out of whom cross examination of one witness is in progress. Another witness is remaining to be examined and trial is expected to be completed within six months from the next date of evidence fixed before the learned trial Court subject to cooperation of the petitioner and other co-accused as well as systemic reasons.
Considering the gravity of the offence as well as conduct of the petitioner, prayer for bail is rejected at this stage. The learned trial Court is directed to take the proceeding to its logical conclusion in the light of the submission made on behalf of the State, without granting any unnecessary adjournment to either of the parties, in accordance with law.
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.)