Abhijit Sarkar @ Avijit Sarkar v. State Of West Bengal

23.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.129 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 2800 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Polba Police Station Case No. 163 of 2025 dated 12.05.2025 under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

And In Re : Abhijit Sarkar @ Avijit Sarkar ... Petitioner.

Ms. Shalini Bairagi, Mr. Priyankar Ganguly, Ms. Pipasa Chakraborty ... For the Petitioner.

Ms. Sreyashee Biswas, Mr. Kaustav Banerjee ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than eight months; although charges have been framed, but the prosecution intends to examine 26 witnesses in support of its case. As such, there is no possibility of the trial concluding in near future. Petitioner prays for bail on any stringent condition. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the statement of the eyewitnesses as also the post mortem report.

I have taken into account the manner in which the attack was inflicted upon the deceased. At this stage, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected.

Petitioner will renew his prayer for bail after the evidence of the eyewitnesses is complete.

The application for bail, being CRM (M) 2800 of 2025, is, thus, dismissed.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)