Maimuna @ Salma @ Mymuna v. State Of West Bengal

05.06.2026 Item No.05 Ct. No. 2 PG Rejected C.R.M.(M) 1198 of 2026 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 439 of the Code of Criminal Procedure, 1973 arising out of Baruipur Police Station Case No. 1150 of 2023 dated 05.09.2023 for the offences punishable under sections 342/ 343/ 344/ 346/ 363/ 368/370/370A(2)/109/120B of the Indian Penal Code read with sections 3/4/5/6/9 of the Immoral Traffic (Prevention) Act, 1956.

And In the matter of : Maimuna@Salma@Mymuna..........Petitioner Mr. Sourav Chatterjee, Sr. Adv.

Mr. Soumya Nag Mr. Azam Khan Mr. Rajdeep Sengupta .....................for the petitioner Mr. Krishnendu Bhattacharya Mr. Koustav Lal Mukherjee ....for the State

1. It is submitted by learned senior advocate for the petitioner that petitioner being the lady is behind the bar since more than 02 years and 02 months and only after the order was passed by this Court, the trial was split up since a number of accused persons were absconding. It is therefore, submitted on relying upon the decisions of the Hon'ble Supreme Court as well as the High Court that there is an inordinate delay in progress of trial and accordingly, it violates the personal liberty as enshrined under Article 21 of the Constitution of India.

2. Heard the submissions of learned Prosecution as well as the learned senior advocate representing the petitioner.

3. On careful perusal of the materials available in the case diary as well as the nature of accusations and the fact that pursuant to the direction given by the learned coordinate Bench, the trial has been split up and the date is fixed in the month of July 2026 for framing of charge, this Court is of the view that since the charge has not yet been framed and the splitting up has been done only after a direction by this Court, at this stage, it would not be proper to allow the prayer of the petitioner.

4. Hence, the prayer for bail is rejected at this stage.

5. However, the learned trial Court is directed to frame the charge on the date so fixed and to follow the guidelines framed by the Hon'ble Supreme Court as well as the mandate of section 309Cr.P.C./ 346 BNSS and an endeavour may be made to conclude the trial as expeditiously as possible.

6. However, liberty is granted to the petitioner to further approach the Court, if no substantial progress is made in the trial.

7. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Chaitali Chatterjee (Das), J.)