Swadesh Biswas v. State of West Bengal
Case brief
What is this about?
Application for bail under BNS 2023 and CrPC 1973 filed by Swadesh Biswas. Court rejected bail citing petitioner's antecedents, pending murder and NDPS cases, and failure to produce defence witnesses despite detains since 2019.
What did the court decide?
Bail prayed for by the petitioner was rejected and the application was dismissed.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
02.07.2026
Item No.279 Ct.No.35 dc.
IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION
Rejected
C.R.M. (M) 1081 of 2026
In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Dhubulia Police Station Case No. 290 of 2019 dated 16.12.2019 under Sections 341/302/34 of the Indian Penal Code, 1860.
And In Re : Swadesh Biswas ... Petitioner. Mr. Shataroop Purkayastha, Ms. Rajorna Majumder ... For the Petitioner. Mr. Ramashish Mukherjee, Mr. Neel Chakraborty ... For the State.
Learned advocate appearing for the petitioner submits that the petitioner is in custody for 6 years 4 months and there is no possibility of the case being taken to its logical conclusion as presently there is no Presiding Officer in the Court.
Learned advocate appearing for the State, on the other hand, opposes the prayer for bail on the grounds that delay presently has been contributed by the accused person. The defence prayed for tendering witnesses after the examination under Section 313 of the Code of Criminal Procedure and thereafter no defence witness was present on the dates fixed. Further it has been brought to the notice of this Court that against the present petitioner, there are other cases including two murder cases being Dhubulia P.S. Case No. 09/2005 dated 22.01.2005 and Dhubulia P.S. Case No.
Issues for consideration
3 issues framed by the court
Whether the petitioner should be released on bail considering his long period of custody and lack of presumption of innocence despite delay contributed by the accused.
Whether the antecedents and existence of pending serious charges justify denial of bail.
Whether the failure to produce defence witnesses after Section 313 examination warrants rejection of bail application.
Parties & counsel
- petitioner
Swadesh Biswas
- respondent
State
Coram
Tirthankar Ghosh
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · July
- Registered
- Case no.
- CRM(M)/1081/2026
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