Calcutta High CourtCRM (DB)/3715/2024dismissed as rejected

Bidyut Mahesh @ Biddyut Kumar Mahes v. Central Bureau Of Investigation, Special Crime Branch, Kolkata

2025-02-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

14.02.2025 Item No.36 Court No. 26 CHC Rejected CRM (DB) 3715 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sabang Police Station Case No. 167 of 2021 dated 05.05.2021 under Sections 302/34 of the Indian Penal Code, which was subsequently registered as CBI/SCB/Kolkata Case No.RCO562021S0046 dated 09.11.2021 under Sections 147/148/149/302/34 of the Indian Penal Code. -AndIn the matter of : Bidyut Mahesh @ Biddyut Kumar Mahes ... ...Petitioner Mr. Deba Prasad Samanta, Advocate ... ... For the Petitioner Mr. Amajit De, Advocate ... ...For the CBI

1. Petitioner prays for bail.

2. Learned advocate appearing for the petitioner submits that, petitioner stands on the same footing as that of co-accused who was enlarged on bail by the coordinate Bench. He submits that, only three prosecution witnesses were examined.

3. Learned advocate appearing for the CBI draws the attention of the Court to the fact that, petitioner was seen carrying the iron pipe which contained blood stains of the victim. FSL report is as against the petitioner.

4. The trial is in progress. Active role of the petitioner in the murder appears from the materials available.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 17 th of February 2025 02:20:47 PM

5. We do not find that, the petitioner stands on the same footing as that of the other co-accused who was enlarged on bail by the coordinate Bench on September 2, 2024 passed in CRM(DB) 2195 of 2024. At that time, the coordinate Bench took into consideration the fact that 56 witnesses were required to be examined today, it is submitted on behalf of the CBI that the prosecution will examine about 22 witnesses out of 56 chargesheeted witnesses.

6. In such circumstances, we are not inclined to grant bail to the petitioner.

7. Prayer for bail of the petitioner is rejected.

8. CRM(DB) 3715 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 17 th of February 2025 02:20:47 PM