← Library
Calcutta High CourtCRM(M)/527/2026dismissed

Md. Abu Naser Bin Kalam Sk. @ Suraj Sk. v. State Of West Bengal

2026-02-26Hon'Ble Justice Tirthankar Ghosh2 pages

D/L279 26.02.2026 C.R.M. (M) 527 of 2026 In Re: An application for Bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 read with Section 439 of the Criminal Procedure Code filed in connection with Kandi Police Station Case No.28 of 2023 dated 23.01.2023 under Sections 302/120B/34 of the Indian Penal Code;

Md. Abu Naser Bin Kalam Sk. @ Suraj Sk.

Versus

The State of West Bengal Ms. Minoti Gomes.

...for the petitioner.

Ms. Rituparna Ghosh Ms. Sonali Bhar.

...for the State.

Learned advocate appearing for the petitioner submits Bpg.

dismissed that the petitioner is in custody for more than 3 years and out of 48 witnesses cited by the prosecution only 22 witnesses have been examined and the case is based on circumstantial circumstances, as such, the petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail and submits a report which reflects that out of 48 witnesses, 34 witnesses have been examined.

Considering the advanced stage of the case, I am of the view that at this stage the petitioner should not be released on bail. However, the learned trial court would ensure that the trial is concluded at the earliest. State would also consider whether all the witnesses are required to be placed before the court in support of its case.

In view of the observations made above, CRM(M)527 of 2026 is dismissed.

Report submitted by the State be kept with the record. All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)