Swadesh Biswas v. State Of West Bengal

D/L 158 25.11.2025 C.R.M. (M) 2014 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dhubulia Police Station Case No.290 of 2019 dated 16.12.2019 under Sections 341/302/34 of the Indian Penal Code, 1860 and charge-sheet submitted under Sections 302/341/34 of the Indian Penal Code, 1860;

Swadesh Biswas

Versus

The State of West Bengal Mr. Shibaji Kr. Das Mr. Amanul Islam Mr. Sourav Mukherjee.

...for the petitioner.

Mr. Madhusudan Sur Ms. Jonaki Saha.

...for the State.

Order-sheets reflect that all the accused persons except Bpg.

Dismissed the present petitioner who is in custody was absent on the date fixed for examination of the accused under Section 313 of the Code of Criminal Procedure. Petitioner has prayed for bail since the said stage is continuing for a considerable period of time. In case any of the accused is absent, learned trial court will issue a notice to the surety and thereafter proceed to cancel the bail on non-cooperation in the progress of the trial of the case. All efforts be put in by the learned trial court to complete the examination under Section 313 Cr.P.C.of all the accused persons by 15th January, 2026.

Having regard to the advanced stage of the case, I am not inclined to release the petitioner on bail.

Accordingly, CRM(M)2014 of 2025 is dismissed. State is directed to communicate this order to the learned trial court.

All parties shall act on the server copy of this order duly 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 of all requisite formalities.

(Tirthankar Ghosh, J.)