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Calcutta High CourtCRM(M)/802/2026dismissed

Asraf Hossain v. State Of West Bengal

2026-06-23Hon'Ble Justice Tirthankar Ghosh2 pages

23.06.2026 Serial no. 56 [G.S.D] CRM (M) 802 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Sessions Case No. 129 of 2023 [S.SlNo. 129 of 2023] arising out of Farakka PS Case No. 199 of 2023 dated 30.04.2023 u/s 325/326/307/302/34 of the IPC.

-AndIn the matter of : Asraf Hossain ... Petitioner(s) Mr. Mrityunjoy Chatterjee Mr. Arka Roy Mr. Debarnab Adhikary ... for the Petitioner(s) Mr. Gouranga Kr. Das, ld. APP Mr. P. Karan Singh ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for three years one month and till date out of the 21 witnesses cited in the charge-sheet only 10 witnesses have been examined, as such, there is no possibility of the trial being concluded in the near future. Learned advocate, therefore, prays that the petitioner may be enlarged on bail. Learned advocate for the State, on the other hand, opposes the prayer for bail and draws the attention of the court to the statement of some of the witnesses under section 164 of the Cr.P.c.

The petitioner is in custody for three years one month which is definitely a cause of worry but having regard to the manner in which the incident took place and there are overt acts

so far as the present petitioner is concerned, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is Rejected. However, State would ensure that the evidence of rest of the witnesses is complete within the next six months. The learned trial court for that purpose would fix at least two schedules in a month. No unnecessary adjournment be granted to any of the parties and the trial of the case would continue inspite of any resolution of the local bar. The trial of this case be completed within a period of six months from the date of communication of this order.

Accordingly, CRM (M) 802 of 2026 is dismissed. Memo of Evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)