Calcutta High CourtCRM (DB)/4296/2024dismissed as rejected

Kuntal Acharya v. The State Of West Bengal

2025-02-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

21.02.2025 Item No.16 Court No. 26 CHC Rejected CRM (DB) 4296 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973, at present Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 Act, in connection with Namkhana Police Station Case No. 44/2024 dated 24.03.2024 under Sections 498A/406/304B/302 of the Indian Penal Code at present under Sections 85, 316(2), 80, 103(1) of the Bharatiya Nyaya Sanhita, 2023, Charge Sheet No.85 of 2024 dated 19.06.2024 under Sections 498A/406/304B/302/34 of the Indian Penal Code and 3/ 4 DP Act, at present under Sections 85, 316(2), 80, 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3/ 4 D.P. Act. -AndIn the matter of : Kuntal Acharya ... ...Petitioner Mr. Gobinda Chandra Baidya, Advocate Mr. Provash Mondal, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, Ld. A.P.P.

Ms. Rajashree Tah, Advocate ... ...For the State

1. Petitioner prays for bail.

2. Learned advocate appearing for the petitioner submits that, petitioner is in custody for 334 days. Out of 13 prosecution witnesses, only one was examined. There is hardly any possibility of the trial ending any time soon.

3. Learned Additional Public Prosecutor submits that, the wife of the petitioner was found dead. He refers to the Post Mortem Report and submits that, death was due to manual strangulation. He refers to other materials on record.

4. Petitioner stands implicated in murder. The victim is his wife. Death occurred at the matrimonial home of the victim. Petitioner is obliged to explain the death particularly, when the Post Mortem Report states that, death was due to manual strangulation.

5. Trial is in progress.

6. Desirability of enlarging the petitioner on bail given the materials placed on record is not found.

7. In such circumstances, we are not inclined to grant bail to the petitioner.

8. Prayer for bail of the petitioner is rejected.

9. CRM(DB) 4296 of 2024 is dismissed.

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