Vikash Singh @ Vicki v. State Of West Bengal
25.02.2025 77 to 78 Court No.26 S.D.
Rejected CRM (DB) 2991 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with B. Garden Police Station Case No. 48 dated 21.04.2021 under Sections 341/326/307/195A/506/34 of the Indian Penal Code. -AndIn the matter of: Vikash Singh also known as Vicki ... ... Petitioner With CRM (DB) 3008 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with B. Garden Police Station Case No. 218 dated 29.12.2020 under Sections 302/326/120B/34 of the Indian Penal Code adding Section 413 of the Indian Penal Code and Section 66D of the Information Technology Act.
-AndIn the matter of: Vikash Singh also known as Vicki
...Petitioner
Mr. Sandip Kumar Bhattacharya Mr. Dipta Dipak Banerjee ...For the petitioner Mr. Kallol Mondal, Sr. Adv., Mr. Krishan Ray, Mr. Souvik Das Ms. Anamitra Banerjee Mr. Akbar Laskar ... ... For the Victim Mr. Sabyasachi Banerjee, Sr. Adv., Ms. Nahid Ahmed ... ...For the O.P. No. 2
Two applications for grant of bail are taken up for analogous hearing as they are made by the same petitioner and since the Coordinate Bench was hearing the two applications analogously.
Petitioners, State, victim and the defacto complainant are represented.
Petitioners stand implicated in two police cases. C.R.M. (DB) 2991 of 2024 is a police case relating to threatening the witness of a murder case as also causing grievous hurt and attempting to murder. C.R.M. (DB) 3008 of 2023 relates to a police case of murder.
We perused the materials on record in respect of the two police cases including the case diaries thereof. In the police case relating to threatening the witness and causing grievous hurt and attempting toe murder, the petitioner was in custody at the material point of time. Trial in respect of the murder case for which the petitioner was in custody was underway and in fact, it is still underway. One of the witnesses in the murder case was shot at and injured. There are statements under Section 164 of the Cr.P.C. which implicates the petitioner as one of the persons who prompted the person who shot the firearm and threaten the witness of the murder case.
Considering the materials on record depicting the involvement of the petitioner in the police case of threatening the witness, causing grievous hurt and in attempting to
murder him we are not inclined to grant bail to the petitioner. The prayer for bail of the petitioner in C.R.M. (DB) 2991 of 2024 is rejected.
The application being C.R.M. (DB) 2991 of 2024 is dismissed.
So far as the murder case for which bail is prayed for in C.R.M. (DB) 3008 of 2024 is concerned, the trial is in progress. Records made available on record implicate the petitioner in such crime. Enlarging the petitioner on bail will be inimical to the trial. There is already an incident of one of the witnesses in the murder case being threatened, shot at to kill him, at the instance of the petitioner.
In such circumstances, we are not inclined to grant bail to the petitioner in C.R.M. (DB) 3008 of 2024 also and the prayer for bail of the petitioner is rejected. The application being C.R.M. (DB) 3008 of 2024 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)