Calcutta High CourtCRM(M)/1122/2025rejected

Prakash Sarkar @ Prakash Chandra Sarkar And ORS. v. State Of West Bengal

2025-09-03Hon'Ble Justice Suvra Ghosh2 pages

September 3, 2025 29 ARDR (Rejected) CRM (M) 1122 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliyaganj Police Station Case No. 512 of 2024 dated 13/12/2024 under Sections 126(2)/115(2)/118(2)/324(4)/303(2)/109(1)/3(5) of the BNS, 2023.

And In Re :

Prakash Sarkar @ Prakash Chandra Sarkar & ors. ... petitioner.

Adv. Abir Ranjan Neogi, Adv. Moyukh Mukherjee, Adv. Karan Bapuli, ... for the petitioner.

Adv. Minoti Gomes Adv. Jisan Iqbal Hossain, ...for the de facto complainant.

Adv. Baisali Basu, Adv. Rita Dutta, ... for the State.

Supplementary affidavit filed by the petitioners is taken on record.

Learned counsel for the petitioners submits that the wife of the 1st petitioner was admitted to the hospital following a road traffic accident wherein the victim and others hit the 1st petitioner, his wife and his brother who sustained injuries. Another complaint was lodged contemporaneously in connection with the accident. The bikers were victims of mob fury. The petitioners have been falsely implicated.

Learned counsels for the State and the defacto complaint oppose the prayer.

I have considered the material on record including the Case Diaries of both the cases.

Prima facie there was a road traffic accident which was followed by the alleged assault. A number of eye witnesses have

implicated the petitioners in the alleged accident. One of the victims succumbed to his injuries. Charge sheet has been submitted. The petitioners are in custody for less than a year. Offence, if proved, shall attract mandatory life imprisonment.

Considering the gravity of the offence and prima facie involvement of the petitioners therein, 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.)