Swapan Makal @ Swapan Makhal @ Bidesh v. State Of West Bengal

17.02.2025 Court No.26 gd/ssd CRM (DB) 3955 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 Dum Dum Police Station Case No. 70 of 2024 dated 19.02.2024 under Sections 302/34 of the Indian Penal Code, 1860 adding Section 120B of the India Penal Code, 1860.

-AndIn the matter of: Swapan Makal @ Swapan Makhal @ Bidesh. ... ... Petitioner Mr. Sarthak Burman ... ... For the Petitioner Mr. Saibal Bapuli, Ld. APP Ms. Nandini Chatterjee ... ...For the State Petitioners prays for renewal for bail.

Learned advocate appearing for the petitioner submits that other co-accused are absconding. There is no possibility of the trial commencing any time soon. He submits that the eye-witness saw the victim to fall down from a wall. Learned Additional public Prosecutor appearing for the State refers to the material in the case diary. Petitioner stand implicated in murder. Other coaccused are absconding. Eye-witness states that the petitioner is one of the persons who threw victim from the wall. Postmortem report corroborates the version of the eyewitness.

Considering the gravity of the offence and the involvement of the petitioner, 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) 3955 of 2024 stands dismissed.

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