Sanju Sk @ Sanju Shaikh v. State Of West Bengal

June 11, 2025 35 ARDR (Rejected) CRM (M) 440 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Chapra Police Station Case No. 260 of 2021 dated 02/07/2021 under Sections 302/201/120B of the Indian Penal Code. And In Re :

Sanju Sk @ Sanju Shaikh ... Petitioner.

Adv. Prabir Majumder, Adv. Snehansu Majumder, ... for the petitioner.

Adv. Zareen N. Khan, Adv. Soumyadeep Saha, ...for the State.

The petitioner is in custody for more than three years and prays for bail.

Learned counsel for the petitioner submits that the bail prayer of the petitioner was turned down on earlier occasions solely on the ground that he was named in the statements recorded under Section 164 of the Code of Criminal Procedure by two of the witnesses. One of the witnesses examined as PW 2 has not supported the prosecution case.

Learned counsel for the State opposes the prayer. I have considered the material on record.

Bail prayer of the petitioner was turned down on earlier occasions on the ground that he was named by two witnesses as one of the assailants in their statements under Section 164 of the Code of Criminal Procedure. PW 1 who is one of such witnesses has supported the prosecution case.

This Court is informed that the examination of the witnesses is complete and the trial Court is unable to proceed with the

examination of the accused under Section 313 of the Code of Criminal Procedure since one of the accused is absconding. Trial is at its fag end.

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

The application for bail is disposed of.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)