Parimal Bouri v. State Of West Bengal

09.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.172 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 1970 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Raniganj Police Station Case No. 160 of 2025 dated 31.05.2025 under Sections 126(2)/115(2)/117(2)/ 118(2)/109/75/76/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and charge-sheet submitted under Sections 126(2)/117(2)/118(2)/75/76/351(2)/3(5)/103(1) of the Bharatiya Nyaya Sanhita, 2023.

And In Re : Parimal Bouri ... Petitioner.

Mr. Avik Ghatak, Mr. Saibal Krishna Dasgupta, Ms. Swastika Chowdhury ... For the Petitioner.

Mr. Prasun Kumar Dutta, Ms. Trisha Rakshit ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 6 months 8 days and two of the accused persons are absconding for which there is no possibility of the trial commencing very soon. As such, on any stringent condition petitioner may be released on bail. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that delay in the trial is because of the other accused persons who are absconding.

I have taken into account the fact of the case where initially the case was registered under Section 109 of the BNS, 2023 along with other sections, but subsequently Section 103(1) of the BNS, 2023 has been added at the time

of submission of charge-sheet. The deceased after a period of time expired. These are subjective issues to be tested at the appropriate stage. However, considering the fact that unnecessarily the trial is being delayed, I direct the learned Trial Court to exhaust the process against the absconding accused persons and thereafter, if required, commit the case to the court of sessions. Learned sessions court would without wasting any time, proceed towards the stage of consideration of charges.

At this stage, the prayer for bail of the petitioner is rejected.

Petitioner would approach this Court after the stage of consideration of charges is over.

The application for bail, being CRM (M) 1970 of 2025, is, thus, disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)