Calcutta High CourtCRM(M)/1428/2025dismissed

Tasir Sk v. State Of West Bengal

2025-12-01Hon'Ble Justice Tirthankar Ghosh2 pages

01.12.2025 Court No.35.

M/L. 87.

Kausik (Rejected) CRM (M) 1428 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 Khargram Police Station Case No. 231 of 2023 dated 08.07.2023 under section 364/302 of the Indian Penal Code;

And In the matter of : Tasir Sk.

......Petitioner.

Mr. Shaswata Mukherjee Mr. Ankan Mondal ......for the Petitioner.

Mr. Avishek Sinha ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is innocent of the charges and similarly placed accused persons have already been granted anticipatory bail. It has been pointed out that the petitioner was always available but he has not been arrested and subsequently petitioner was all on a sudden arrested on 15.05.2025 and since then without any rhyme or reason he is suffering custody.

Learned advocate for the State has opposed the prayer for bail of the petitioner and submits that the present petitioner along with others impersonated themselves, the CID officers abducted the victim and subsequently, the dead body of the victim was found. Consequently, the present case was initiated

for investigation. Petitioner was found through out the alleged commission of offence. So far as the other accused persons who have been granted anticipatory bail, State has already preferred SLP before the Hon'ble Supreme Court which is pending. It has further been brought to the notice of the Court that the incident happened in the year 2023. But because of absconsion of some of the accused persons including the present petitioner, trial of the case has been delayed and denovo trial has commenced.

Having regard to the gravity of the offence as well as the conduct of the present petitioner, I am not inclined to release the petitioner on bail.

Accordingly, CRM (M) 1424 of 2025 is dismissed. 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.)