Sanjay Sarkar v. State Of West Bengal

12.12.2025 Court No.35.

D/L. 10.

Kausik (Rejected) CRM (M) 1112 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Baghmundi Police Station Case No. 135 of 2023 dated 17.10.2023 under Sections 363/364/302/201/120B of the Indian Penal Code and under Sections 25/27/35 of the Arms Act, 1959;

And In the matter of : Sanjay Sarkar ......Petitioner.

Mr. Abhra Mukherjee Mr. Sauradeep Dutta Mr. Arpayan Mukherjee Mr. Himadree Ghosh ......for the Petitioner.

Mr. Ranadeb Sengupta Mr. Dipankar Mahata ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 651 days and there has been no progress in the trial in spite of charge having been framed.

Petitioner submits that as there is no possibility of the trial concluding in near future, the petitioner may be released on bail on any stringent condition.

Learned advocate for the State on the other hand submits that the petitioner has number of cases against him. He was shown arrested from Jharkhand. On being identified by him arms were recovered which were used in course of

commission of the offence. As such at this stage when the trial is about to commence, release of the petitioner would jeopardize the trial.

Having regard to the facts of the case that two persons have been murdered and arms have been recovered from the present petitioner, I am not inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner in CRM (M) 1112 of 2025 is dismissed.

Report submitted by the State be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)