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Calcutta High CourtCRM (DB)/3233/2024rejected

Sadhan Baishya v. State Of West Bengal

2024-11-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

06.11.2024 Sl. No.84 akd [Rejected] C. R. M. (DB) 3233 of 2024 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 13.09.2024 in connection with Hemtabad Police Station Case No.68 of 2023 dated 07.04.2023 under Section 302 of the Indian Penal Code. (G.R. Case No.710 of 2023) And In Re: Sadhan Baishya ... ... Petitioner Mr. Niladri Sekhar Ghosh Mr. Sourav Mondal ... ... for the petitioner Mr. Debasis Roy .. ld. Public Prosecutor Md. Anwar Hossain Mr. Anindya Sundar Chatterjee ... ... for the State 1.

It is submitted on behalf of the petitioner eight witnesses have been examined and they have not implicated the petitioner in the crime. Accordingly, he renews his prayer for bail.

2.

Learned Public Prosecutor opposes the prayer for bail and submits vital witnesses namely, Sushil Roy, Mukul Baisya, Shyamali Bala Roy and others have not been examined as yet. 3.

We have considered the materials on record including the statements of the said witnesses who stated they had seen the petitioner come out with a blood stained hansua from a maize field where the victim was beheaded. As most of the vital witnesses have not been examined and bearing in mind the gravity of offence, we are not inclined to grant bail to the petitioner at this stage. 4.

The application for bail is thus rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)