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Calcutta High CourtCRM (DB)/3862/2024dismissed as rejected

Biswajit Roy @ Biswa v. The State Of West Bengal

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

14.02.2025 Court No.26 S.D.

CRM (DB) 3862 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ranaghat Police Station Case No. 263 of 2024 dated 07.04.2024 under Sections 448/341/325/326/307/427/435/302/34 of the Indian Penal Code.

-And- In the matter of: Biswajit Roy @ Biswa ... ... Petitioner Mr. Atis Kumar Biswas Mr. Amit Singh Ms. Jyoti Agarwal ... ... For the Petitioner Ms. Zareen N. Khan Md. Kutubuddin ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that, co-accused were enlarged on bail by a Coordinate Bench. Petitioner is in custody in excess of 10 months. Although police filed charge sheet, charges are yet to be framed.

Learned advocate appearing for the State refers to the post mortem report of the victim and the other materials in the case diary.

Petitioner stands implicated in the murder. Post mortem report of the victim notes various injuries on the body of the victim including two fractures; one on the knee

and one on the ankle. The post mortem report also notes that the death was due to the injury inflicted on the victim prior to his death.

Considering the gravity of the offence and the involvement of the petitioner in the incident and the period of detention, we are not inclined to grant bail to the petitioner and the prayer for bail of the petitioner is rejected. The application being C.R.M. (DB) 3862 of 2024 stands dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)