Calcutta High CourtCRM (DB)/3809/2024dismissed as rejected

Debendra Paswan @ Devendra Paswan @ Bhajan Paswan v. State Of West Bengal

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

14.02.2025 Item No.51 Court No. 26 CHC Rejected CRM (DB) 3809 of 2024 In re : An Application for Bail under Section 439 of the Criminal Procedure Code as amended/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Goalpokher Police Station Case No. 530 of 2023 dated 21.09.2023 under Sections 302/120B of the Indian Penal Code and read with Sections 25(i)(a)/27 Arms Act.

-AndIn the matter of : Debendra Paswan @ Devendra Paswan @ Bhajan Paswan ... ...Petitioner Mr. Amit Roy, Advocate ... ... For the Petitioner Mr. Suman De, Advocate Ms. Jonaki Saha, Advocate ... ...For the State

1. Petitioner renews the prayer for bail.

2. Learned advocate appearing for the petitioner submits that, co-accused was granted bail by the coordinate Bench by the order dated December 17, 2024 passed in CRM(DB) 2850 of 2024.

3. Learned advocate appearing for the State submits that, the petitioner does not stand in the same footing as that of other co-accused who was granted bail by the coordinate Bench. He refers the contents of such order. He also referred to the materials in the Case Diary.

4. Trial is in progress. Out of 33 prosecution witnesses three were examined.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 17 th of February 2025 02:19:51 PM

5. Role of the petitioner appears to be the driver of the vehicle by which the assailants arrived at the place of occurrence to commit the murder. Coaccused was enlarged on bail by the coordinate Bench on December 17, 2024 passed in CRM(DB) 2850 of 2024 was found to be harbouring the assailants.

6. Therefore, we are not in a position to arrive at a finding that petitioner before us stands on the same footing as that of the other co-accused who was enlarged on bail by the coordinate Bench.

7. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials produced before Court, we are not inclined to grant bail to the petitioner.

8. Prayer for bail of the petitioner is rejected.

9. CRM(DB) 3809 of 2024 is dismissed.

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

CHINMOY CHAKRABORTY High Court of Calcutta 17 th of February 2025 02:19:51 PM