Piyali Dey v. State Of West Bengal

17.03.2026 38.

Ct.No.237 Suman

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side CRM (M) 2840 of 2025 In Re:-An application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with S.T. No.46 of 2025/S.C. No.282 of 2025 arising out of Ashoknagar Police Station Case No.188 of 2025 dated 21.03.2025 under sections 318(4)/316(2)/308(2)/118(3)/111(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 18/19/21 of the Transplantation of Human Organs and Tissues Act, 1994, corresponding to G.R. No.752 of 2025 pending before the learned Additional Sessions Judge, 7th Court, Barasat at North 24 Parganas.

And In the matter of : Piyali Dey .... Petitioner.

Md. Bani Israil ..for the petitioner Mr. Antarikhya Basu Mr. Subhasish Datta ..for the State It appears that the trial is ongoing.

The prosecution submits that, out of a total of 14 (fourteen) witnesses, 9 (nine) have already been examined. The learned Advocate appearing for the petitioner, relying upon the evidence of one of the victims and that of the husband of the victim (PW-2), submits that the petitioner

stands on the same footing as Gour Sardar and on a better footing than Gurupada Jana.

However, since the evidence is still in progress, the question of considering parity at this stage does not arise unless the evidentiary stage is concluded.

Having regard to the gravity of the allegations against the petitioner and the petitioner's alleged role in the commission of the offence, I am of the view that the petitioner's prayer for bail cannot be allowed at this stage. Accordingly, the prayer for bail stands rejected at this stage.

CRM (M) 2840 of 2025 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)