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2025 DAILYLAW 17977 (CAL)

SOURAV DEY AND ANR. v. STATE OF WEST BENGAL

CRM(M)/39/2025 · 2025-04-10

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06 10.04.2025 Ct.No.34 b.das Allowed C.R.M. (M) 39 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Egra P.S. Case No. 172 of 2020 dated 09.03.2020 under Sections 302/201/ 363/365/120B/34 of IPC. And In Re : Sourav Dey & Anr. ... Petitioners. Mr. Dipankar Aditya Mr. Prasanta Kr. Das Ms. A. P. Raha ... for the Petitioners. Mr. Bitasok Banerjee Mr. S. S. Saha ... For the State. Status report submitted by the State is taken on record. Heard learned counsels for the parties. The petitioners are in custody for more than 5½ years and their prayer for bail has been rejected on several occasions earlier, considering the merits of the case. However, it appears that out of 42 charge sheeted witnesses, only 16 witnesses have been examined and the last witness was examined as far back as in 2023. There has been no further progress in trial despite direction of this Court to expedite the trial and conclude the same at an early date. Without going into the merits of the case and considering the period of detention of the petitioners as well as slow progress in trial, this Court is of the view that 2 possibility of conclusion of the trial in near future is bleak and the petitioners should be granted bail only on the ground of their prolonged incarceration. Accordingly, the prayer for bail is allowed. The petitioners Sourav Dey & Moumita Dey @ Dulali be released on bail upon furnishing bond of Rs.10,000/- each (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur subject to condition that they shall remain within Contai sub-division except for the purpose of appearing before the learned trial Court on every date of hearing and shall furnish the address where they shall henceforth reside before the learned trial Court, investigating officer and the Officer in charge of the concerned P.S. They shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioners fail to comply with any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. 3 (Suvra Ghosh, J.)