Calcutta High CourtCRM(M)/1634/2025rejected

Shibnath Hazra v. State Of West Bengal And ANR

2025-12-03Hon'Ble Justice Tirthankar Ghosh3 pages

03.12.2025 Serial no. 118 [G.S.D] CRM (M) 1634 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 GR Case No. 1183 of 2025 arising out of Manteswar PS Case No. 237 of 2025 dt. 24.05.2025 u/s 127(2)/64(2)(k)/351(3)/3(5) of the BNS, 2023. -AndIn the matter of : Shibnath Hazra ... ... Petitioner(s) Mr. Dhananjay Banerjee Mr. Samrat Chowdhury Mr. Pralay Hazra ... for the Petitioner(s) Mr. Subhamoy Bhattaharya Mr. Rajashree Tah ... for the State-respondent(s) Ms. Afreen Begum ... for the defacto-complainant Learned advocate for the petitioner submits that the petitioner is in custody for 193 days and charge-sheet has already been submitted before this court, as such, further detention of the present petitioner is unwarranted. It is further submitted by the petitioner that medical documents is not corroborating with the version of the victim and her mother.

Learned advocate for the defacto-complainant, on the other hand, submits that the defacto-complainant is a disabled child and she has been subjected to such heinous offence at the behest of the present petitioner.

Learned advocate for the State produces the Case Diary and has drawn the attention of the court to the statement under section 164 of the Cr.P.C.

I have considered the materials on record and, at this stage, I am of the opinion that this is not a fit case to enlarge the petitioner on bail.

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

However, the petitioner would be at liberty to renew his prayer for bail after the evidence of the victim and her mother is over.

Accordingly, CRM(M) 1634 of 2025 is dismissed. Pending application(s), if any, is also disposed of. 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.)