Extracted from the PDF above. The PDF is authoritative.
09.07.2026 Court No.35. D/L.30. Rakib (Rejected)
CRM (M) 2844 of 2025
In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Narendrapur Police Station case no. 778 of 2023 dated 19.08.2023 under Sections 302/201/120B of the Indian Penal Code. And In the matter of : Bipad Naskar @ Fatik
……Petitioner. Mr. Angshuman Chakraborty Mr. Shashanka Sekhar Saha
.....for the Petitioner. Mr. Gouranga Kr. Das, Ld. APP Mr. Bankim Pal
……for the State. Mr. Jayanta Kumar Pain
......for the De-facto complainant. Learned advocate appearing for the petitioner submits that petitioner is in custody for two years eight months and is a mentally challenged individual. To that effect some medical prescriptions have been referred to. However, such issue has not been canvassed before the learned trial Court for appropriate relief under the relevant provisions of law. It has also been contended on behalf of the petitioner that the incident happened at the spur of the moment and there was no pre-planned manner which will be reflected from the evidence available on record. Learned advocate for the de-facto complainant opposes the prayer for bail and submits that there was a previous land dispute for which the present petitioner murdered the victim/deceased. 2 Learned advocate appearing for the State has opposed the prayer for bail and drawn the attention of the Court to the evidences of the relevant witnesses as also that of the experts. I have taken into account the overall circumstances, particularly, the slow progress of the trial of the case and it reflects that only 4 witnesses till date have been examined. Having considered the same, I direct the learned trial Court within a year from date to complete the witnesses by fixing regular scheduled. Considering the heinousness of the offence and the prescribed punishment, if the case is proved, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail in CRM (M) 2844 of 2025 is dismissed. Petitioner would renew his prayer for bail after the time period of over. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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.)