Avijit Bairagi And ANR. v. The State Of West Bengal

25.11.2024 Item no. 52.

Court No.29.

AB (Rejected) CRM (DB) 2803 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ausgram Police Station Case No.384 of 2023 Dated 18.12.2023 under Sections 395/397/412 of the Indian Penal Code And In the matter of : Avijit Bairagi & Anr.

......Petitioners.

Mr. U. S. Chatterjee ......for the Petitioners.

Mr. Joydeep Roy Mr. Subham Bhakat ......for the State.

Dictated by Arijit Banerjee, J.

1.

The petitioners say that they have been falsely implicated. They have no connection with the alleged dacoity. They are in custody for 10/11 months. Investigation is complete. Their further custodial detention is not necessary. 2.

They further say that the articles mentioned in the written complaint and the articles mentioned in the seizure list do not match. The petitioner no.2 was not identified in TI parade. The petitioner no.1 was identified only by one of the family members.

3.

Opposing the prayer, learned State Counsel shows us that the petitioner no.1 was identified in TI parade. Recovery of ornaments was made from both the petitioners. Charge has Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 26 th of November 2024 12:59:02 PM

been framed and November 28, 2024, has been fixed as the date for examination of witnesses.

4.

We have considered the material on record. In view of the prima facie involvement of the petitioners in the alleged offence and keeping in mind that trial is about to start in a couple of days' time, we are not inclined to allow the petitioners' prayer for bail, at this stage.

5.

The prayer for bail is rejected.

6.

CRM (DB) 2803 of 2024 is dismissed.

7.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Subhendu Samanta, J.)