Calcutta High CourtCRM(M)/1972/2025rejected

Akash Nayek Alias Aakash v. State Of West Bengal

2025-11-25Hon'Ble Justice Tirthankar Ghosh2 pages

25.11.2025 Court No.35.

D/L. 128.

Kausik (Rejected) CRM (M) 1972 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 Duttapukur Police Station Case No. 627 of 2022 under sections 302/34 of the Indian Penal Code and sections 25/27 of the Arms Act; And In the matter of : Akash Nayek alias Aakash ......Petitioner.

Mr. Angshuman Chakraborty Mr. Shashanka Sekhar Saha ......for the Petitioner.

Mr. Debanshu Ghorai ....for the Defacto Complainant.

Mr. Adil Badr, Jr. Govt. Adv.

Mr. Asif Dewan ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 3 years and 5 months and there is hardly been progress in the case.

Learned advocate submits that since there is no scope of the trial being completed in near future the petitioner may be released on bail on any stringent conditions. Learned advocate for the defacto complainant is present and opposes the prayer for bail.

Learned advocate for the State submits that State proposes for examination of 28 witnesses, till date 15 witness

have already been examined and the State proposes to examine another 10 witnesses.

Let the State complete the evidence of the 10 witnesses, they propose, within a period of 6 months from the next date fixed before the learned Trial Court.

At this stage, I am not inclined to release the petitioner on bail. As such the prayer for bail of the petitioner is rejected. Petitioner would renew his prayer for bail in the 2nd week of May, 2026. It is directed that 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.

With the aforesaid observations CRM (M) 1972 of 2025 is dismissed.

Case diary be returned to the learned advocate appearing for the State.

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.)