Sajal Karmakar @ Sajal vs Unknown on 17 January, 2025

Calcutta High Court (Appellete Side)

Sajal Karmakar @ Sajal vs Unknown on 17 January, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

                   17.01.2025
                   Item no. 75.
                   Court No.29.
                     AB
                   (Rejected)
                                                  CRM (DB) 3441 of 2024

                                  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 Ghola Police
                                  Station Case No.01 of 2024 Dated 01.01.2024 under Sections
                                  325//// of the Indian Penal Code read with
                                  Section 25(1B/27(2)/35 of the Arms Act

                                                       And

                                  In the matter of : Sajal Karmakar @ Sajal         ......Petitioner.

                                          Mr. Ashish Bhattacharya
                                          Mr. Sayan Chattopadhyay
                                          Mr. M. A. Sonkar      ......for the Petitioner.

                                          Mr. Saryati Dutta
                                          Mr. Tirupati Mukherjee ......for the State.

                                          Dictated by Apurba Sinha Ray, J.

1. Learned Counsel for the petitioner has submitted that

the petitioner is in custody for about one year and there

is no material against him. The case is based on

circumstantial evidence. He did not give any fatal blow

to the injured or the deceased. As there is no chance of

an early conclusion of the trial, he may be enlarged on

bail on any condition.

2. Learned Counsel for the State opposes the prayer for

bail. He has drawn our attention to the statement of a

witness, namely, Biswajit Biswas, recorded under

Section 164 Cr.P.C. showing that the present petitioner

along with others assaulted the victim and the injured.

Signed By :

APURBA
BANDYOPADHYAY
High Court of
Calcutta
21 st of January
2025 11:17:39 AM
2

3. We have considered the materials on record. Out of 11

witnesses, 2 witnesses have already been examined.

There are sufficient incriminating materials showing

that the present petitioner was very much present at the

time of the alleged incident and he also took part in the

commission of the alleged offence. It cannot also be said

that there is an inordinate delay in the progress of the

trial.

4. In view of the aforesaid, we are not inclined to grant bail

to the petitioner.

5. The prayer for bail stands rejected.

6. CRM (DB) 3441 of 2024 is dismissed.

7. All parties shall act in terms of server copy of the order

downloaded from the official website of this Court.

(Arijit Banerjee, J.)

(Apurba Sinha Ray, J.)