Asutosh Dey v. State Of West Bengal

September 22, 2025 48 ARDR (Rejected) CRM (M) 1544 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliganj Police Station Case No. 413 of 2025 dated 11/5/2025 under Sections 109/117(2)/118(2)/103(1)/3(5) of the BNS, 2023 And In Re :

Asutosh Dey ... petitioner.

Adv. Minoti Gomes, Adv. Prabir Majumder, Adv. Snehasish Majumder, Adv. Anindita Kundu, ... for the petitioner.

Adv. Madhusudan Sur, Adv. Pravas Bhattacharya, ... for the State.

The petitioner is in custody for about four months and prays for bail.

Learned counsel for the petitioner submits that there was a free fight between the neighbours over the issue of construction of a road by the Panchayat. Both the parties sustained injuries and case and counter case are pending. There was no premeditated act on the part of the petitioner and the petitioner had no intention of murdering the victim. The victim unfortunately succumbed to his injuries subsequently.

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

The petitioner appears to be the principal assailant who dealt the fatal blow on the head of the victim. Eye witnesses have implicated the petitioner.

Considering the material on record and prima facie involvement of the petitioner in the alleged offence, 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.)