Tuhin Ghosh v. State Of West Bengal And ANR

30.03.2026

IN THE HIGH COURT AT CALCUTTA

Item No.99 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 (susanta) Dismissed C.R.M. (M) 515 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Khargram Police Station Case No. 443 of 2024 dated 05.12.2024 under Sections 137(2)/140(3)/3(5) of Bharatiya Nyaya Sanhita, 2023 adding Sections 65 of BNS and 6 of POSCO Act.

And In Re : Tuhin Ghosh ... Petitioner.

Mr. Manas Kumar Das, Mr. Prabal Das, ... For the Petitioner.

Mr. Prasun Kumar Dutta, Mr. Pravas Bhattacharya, ... For the State.

Learned advocate appearing for the petitioner submits that petitioner surrendered on or about 09.01.2025 and since then he is in custody till date. Four witnesses have been examined and prosecution proposes to examine 20 witnesses in support of his case. As such, there is no possibility of the trial concluding in the near future. Thus, the petitioner may be released on bail.

Learned advocate for the State, on the other hand opposes the prayer for bail and draws the attention to the statement of the victim as well as her medico-legal examination and on assessment of the same, I am of the view, that it is not a fit case for releasing the petitioner on bail.

Learned trial Court would give all efforts to expedite the process of the trial so that the same is concluded within a reasonable period of time.

Accordingly, the application for bail, being C.R.M. (M) 515 of 2026, is, thus, dismissed.

All concerned parties shall act on the server copy of this order duly 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.)