Asmir Sk v. The State Of West Bengal

26.

19.02.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 28 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Dhubulia P.S. Case No.137/2024 dated 26.3.2024.

And In the matter of: - ASMIR SK ...petitioner.

Mr. Prabir Majumder Mr. Snehansu Majumder ...for the petitioner.

Mr. Debabrata Chatterjee, Sr. Govt. Adv.

Ms. Nandini Chatterjee ...for the State.

Dictated by Apurba Sinha Ray, J.

1. Learned Counsel for the petitioner submits that the petitioner is in custody for about 327 days. Investigation is complete. There are 22 charge-sheet named witnesses. Charge has already been framed. There is no chance of an early conclusion of the trial. The petitioner may be granted bail on any condition that this Court may decide.

2. Learned Counsel for the State opposes the prayer for bail. He draws our attention to the materials on record and the case diary including statements of the witnesses recorded under Section 164 of the Criminal Procedure Code, 1973, as well as the post mortem report of the victim.

3. We have considered the materials on record. There are sufficient incriminating materials against the present petitioner. The victim was brutally murdered.

4. Under such circumstances we find that this is not at all a fit case for granting bail to the present petitioner, at this stage. Hence, the prayer for bail is rejected.

5. The application being CRM (DB) 28 of 2025 is accordingly dismissed.

6. However, considering the period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same on an early date without granting unnecessary adjournment to either of the parties and if necessary, by fixing frequent schedules for examination of witnesses.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)