Calcutta High CourtCRM(M)/2153/2025rejected

Dillu Maity @ Dablu @ Akash v. State Of West Bengal

2025-11-04Hon'Ble Justice Tirthankar Ghosh3 pages

04.11.2025 Serial no. 24 [G.S.D] CRM (M) 2153 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Chandipur P.S. Case No. 370 of 2023 dated 29.10.2023 under Sections 302/201 of the IPC corresponding to Sessions Trial Case No. 117 of 2024. -AndIn the matter of : Dillu Maity @ Dablu @ Akash ... ... Petitioner(s) Mr. Bhaskar Hutait Mr. Mriganka Patra ... for the Petitioner(s) Mr. Ranabir Roy Chowdhury Mr. Siladitya Banerjee ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for more than two years and out of the 37 witnesses proposed to be examined by the prosecution, only 10 witnesses, till date, have been examined.

Learned advocate also submits that on an assessment of the materials which have been elicited by the prosecution till date before the learned trial court, the petitioner can no way be held responsible for commission of the offence.

Learned advocate for the State draws the attention of the court to the relevant materials collected and submits that the dead body was recovered from the septic tank of the accused.

Having considered the submissions advanced by the parties as also the nature of the offence, I am not inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner Rejected.

Since the learned trial court is in seisin of the merits of the case and more than two years have passed, consequently, I direct the learned trial court to stick to the schedule as also ensure that the prosecution should produce witnesses on the date so fixed.

It is further directed that the trial of the case would proceed inspite of any resolution of the local Bar. All steps be taken by the learned trial court so that examination of another 10 witnesses are completed by 31st March, 2026. Accordingly, CRM(M) 2153 of 2025 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)