Selim Sk. v. The State Of West Bengal

120.

18-11-2024 CRM (DB) 2963 of 2024 (ct. no.29) S. De (Rejected) In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Selim Sk.

......Petitioner.

Mr. Asim Kr. Chakraborti, ......for the Petitioner.

Ms. Anasuya Sinha, Ld. APP.

Mr. Manoranjan Mahata, ......for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he has been falsely implicated. He has no role to play in the alleged murder of his wife. He is in custody for more than a year. He prays for bail.

2. Opposing the prayer, learned State advocate draws our attention to the dying declaration of the victim who squarely implicates this petitioner as having set her on fire. There are also statements of neighbours recorded under Section 164 Cr.P.C. which prima facie bear out the prosecution case of the petitioner torturing the victim.

3. In view of such incriminating material against the petitioner and in view of the gravity and nature of the alleged offence, we are not inclined to allow the petitioner's prayer for bail at this stage.

4. CRM (DB) 2963 of 2024 is dismissed.

Signed By :

SANDIP DE High Court of Calcutta 19 th of November 2024 02:15:14 PM

5. However, since the petitioner is in custody for quite some time, we request the learned Trial Court to expedite the trial to the extent possible.

6. Let this order be communicated by the parties to the learned Court below.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

SANDIP DE High Court of Calcutta 19 th of November 2024 02:15:14 PM