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Calcutta High CourtCRM (DB)/4400/2024dismissed as rejected

Sushil Kumar Gorai @ Sushil Kumar Ghorai v. The State Of West Bengal

2025-02-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

D/L85 26.02.2025 Rohit ct.no.26 C.R.M. (DB) 4400 of 2024 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Adra Police Station Case No. 51 of 2023 dated 23.06.2023 under Sections 302/307/120B/34 of the Indian Penal Code and under Sections 25/27/35 of the Arms Act.

And In Re: Sushil Kumar Gorai @ Sushil Kumar Ghorai

...Petitioner

Mr. Sk. Salim ...for the petitioner Mr. D. Roy, Ld. P.P Mr. Arijit Ganguly Mr. Koushik Kundu ...for the State 1.

Petitioner prays for bail.

2.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody in excess of one year six months. Police filed Charge-sheet. The role ascribed so far as the petitioner is concerned is limited to allegedly providing rented accommodation to the principal accused.

3.

State and the de-facto complainant are represented.

4.

Learned Advocate for the State submits that three shooters from outside the State of West Bengal

came and caused the incident of murder. One person was murdered.

5.

A firearm was recovered from the possession of the petitioner.

6.

There are statements recorded under Section 164 of the Criminal Procedure Code of eye-witnesses implicating the petitioner in the incident who are yet to be examined.

7.

Trial is in progress.

8.

Out of forty four prosecution witnesses nine prosecution witnesses were examined.

9.

All eye-witnesses are yet to be examined.

10.

Enlarging the petitioner on bail at this stage will be inimical to the trial.

11.

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

12.

Prayer for bail of the petitioner is rejected. 13.

C.R.M.(DB) No. 4400 of 2024 is dismissed.

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