Rakhal Mura And ANR. v. State Of West Bengal

17.11.2025 Serial no. 15 [G.S.D] CRM (M) 1472 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Patashpur P.S. Case No. 0375 of 2023 dated August 07, under sections 148/149/447/450/323/302 of the IPC.

-AndIn the matter of : Rakhal Mura & Anr.

... ... Petitioner(s) Mr. Navanil De Mr. Rajeshwar Chakrbaorty Ms. Monami Mukherjee ... for the Petitioner(s) Mr. Arijit Ganguly Ms. Debjani Sahu ... for the State-respondent(s) Mr. Dhruv S.

... for the defacto-complainant Learned advocate for the petitioner submits that the petitioner no.1 is in custody for two years and one month and, the petitioner no.2 is in custody for two years and three months from the 18 accused persons who have been charge-sheeted.

Learned advocate further submits that since there has been no progress in the case and the petitioners have been unnecessarily languishing, it would not be justified if the petitioners are detained further.

Learned advocate for the State submits a report which reflects that in respect of the two other accused persons, there was a direction by the Hon'ble Supreme Court in SLP (Crl.) Nos. 15208/2024 & SLP (Crl.) Nos. 15209

of 2024 for surrendering in respect of two of the accused persons namely, Ajit Mal and Basanta Mal, who were granted bail.

However, the report speaks that till date the police authorities could not execute the warrant of arrest against the accused persons namely, Ajit Mal and Basanta Mal who were directed by the Hon'ble Supreme Court to surrender. Having regard to the fact that the present case was registered under Section 302 of the IPC along with other Sections and that there has been no progress in the case because of majority of the accused persons are absconding, I am presently of the opinion that the petitioners along with the others are not cooperating with the learned trial court, as such, it would not be fit and proper to enlarge them on bail.

Hence, the prayer for bail of the petitioners is Rejected.

Accordingly, CRM(M) 1472 of 2025 is dismissed. Pending application(s), if any, is also disposed of. Report submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)