Gourhari Bauri v. State Of West Bengal

09.12.2025 Court No.35.

D/L. 8.

Kausik (Rejected) CRM (M) 1711 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Indpur Police Station Case No. 90 of 2021 dated 12.10.2021 under Sections 302/201/120B of the Indian Penal Code;

And In the matter of : Gourhari Bauri ......Petitioner.

Mr. Samiran Mandal Mr. Nitish Samanta ......for the Petitioner.

Mr. Sukhamoy Bhattacharya Mr. Soumyadip Saha ......for the State.

Learned advocate appearing on behalf of the petitioner complains regarding the delay in trial and submits that he is in custody presently for over 4 years and the prosecution is enjoying such detention of the petitioner in custody. Learned advocate has relied upon the deposition of the witnesses to establish that no case is made out so far as the present petitioner is concerned.

Learned advocate for the State opposes the prayer for bail and submits that out of 37 witnesses proposed to be examined, the evidence of 22 witnesses have been completed. I have taken into account the deposition of the witnesses which was handed over by the learned advocate

appearing for the petitioner and I find that the materials which have already surfaced in evidence do fortify the prosecution case, particularly evidence of the PW 19.

Having considered the overall circumstances, I am not inclined to release the petitioner on bail.

As such, CRM (M) 1711 of 2025 is dismissed.

The Trial Court is directed to conclude rest of the witnesses within a period of 8 months. Prosecution would tender the witnesses on each and every date so fixed before the learned Trial Court. No unnecessary adjournment be granted to any of the parties and the trial of the case would continue in spite of any resolution of the local bar.

Copy of the order be sent to the learned Court below through the learned advocate appearing on behalf of the State after compliance.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)