Senaul Sk @ Pakka v. State Of West Bengal

13.02.2025 SL-47 (Item No.95 of the Daily CRM (DB) 3787 of 2024 List Dt.12.02.2025) (Bail Rejected) (AD) In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Farakka Police Station Case No.62 of 2023 dated 31.01.2023 under Sections 302/34 of the Indian Penal Code, 1860 & read with Sections 3/4 of Explosive Substances Act. (Sessions Case No.61 of 2024) (G.R. Case No.266 of 2023) -AndIn the matter of : Senaul Sk. alias @ pakka ... ...Petitioner Mr. Arindam Dey, Advocate Mr. Smarajit Basu, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, Advocate Ms. Debjani Dasgupta, Advocate ... ...For the State Mr. M. Chatterjee ... ... For the de facto complainant

1. Petitioner renews the prayer for bail.

2. Learned advocate appearing for the petitioner submits that, out of 26 prosecution witnesses, only 9 were examined. There is hardly chance of the trial concluding any time soon.

3. State and the de facto complainant are represented.

4. Learned advocate appearing for the de facto complainant submits that, the petitioner before us and another co-accused are the principal assailants.

5. Police case involves murder. Materials in the case diary implicate the petitioner before us in such crime. Active role is attributed to the petitioner.

Signed By :

ABHIJIT DAS High Court of Calcutta 14 th of February 2025 05:55:40 PM

6. Trial is in progress.

7. Out of the 27 witnesses, a substantial portion of the prosecution witnesses were examined.

8. Considering the gravity of the offence and the involvement of the petitioner therein as also the fact that the trial is in progress, enlarging the petitioner at this stage on bail may not be conducive to the ends of justice.

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

10. Accordingly, the prayer for bail of the petitioner is rejected.

11. CRM (DB) 3787 of 2024 is dismissed.

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

ABHIJIT DAS High Court of Calcutta 14 th of February 2025 05:55:40 PM