Calcutta High CourtCRM(M)/922/2026allowed

Kafi Babu @ Kaifee Babu v. State Of West Bengal

2026-06-03Hon'Ble Justice Apurba Sinha Ray2 pages

03.06.2026 Ct. No.7 RP 31 C.R.M. (M) 922 of 2026 Allowed In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bowbazar Police Station Case no.245 of 2021 dated 14.09.2021 for investigation into the offences punishable under Sections 395/397/34 of the Indian Penal Code and Sections 25(1B)(a)/27 of the Arms Act.

And In the matter of : Kafi Babu @ Kaifee Babu .... Petitioner Mr. Soumya Basu Roy Chowdhury ...for the Petitioner Mr. Rajesh Kumar Shaw ...for State Learned counsel for the petitioner has submitted that the petitioner is in custody for about 4 years 9 months and in spite of specific direction of this Court the trial was not concluded. Out of 22 witnesses only five witnesses have been examined.

Learned counsel for the State opposes the prayer for bail vehemently.

However, I have gone through the materials on record. It appears that there is no chance of early conclusion of the trial since out of 22 witnesses only five witnesses have been examined. The order dated 19.02.2025 passed in CRM(DB) 64 of 2025 was not complied with.

In view of the above, I am inclined to allow the prayer for bail of the petitioner on certain conditions.

Accordingly, the petitioner namely, Kafi Babu @ Kaifee Babu shall be enlarged on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Calcutta and also on condition that the petitioner shall not leave the jurisdiction of the Bowbazar Police Station without taking leave of the Court and he shall meet the Inspector-in-Charge of the Bowbazar Police Station once in a fortnight until further order. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial Court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

Accordingly, CRM (M) 922 of 2026 is disposed of. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Apurba Sinha Ray, J.)