Calcutta High CourtCRM(M)/1295/2025dismissed

Chand Mohammad Sk @ Chand Mohammad v. State Of West Bengal And ANR

2025-12-01Hon'Ble Justice Tirthankar Ghosh3 pages

01.12.2025 Serial no. 70 [G.S.D] CRM (M) 1295 of 2025 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 S. Sl. No. 93 of 2024 arising out of Beldanga Police Station Case No. 565 of 2022 dt. 14.09.2022 u/s 341/376/34 of the IPC, 1860.

-AndIn the matter of : Chand Mohammd Sk. @ Chand Mohammad ... ... Petitioner(s) Mr. Shibasis Chatterjee ... for the Petitioner(s) Mr. Bitasok Banerjee Ms. Jonaki Saha ... for the State-respondent(s) Mr. Sumanta Chakraborty Mr. Somnath Banerjee ... for the Defacto-complainant Learned advocate for the petitioner submits that the petitioner is in custody for more than three years and after submission of the charge-sheet, the prosecution till date has examined only two witnesses out of the 17 witnesses proposed to be examined.

Learned advocate for the defacto-complainant is also present and opposes the prayer for bail.

Learned advocate for the State submits that delay in trial cannot be solely attributed to the prosecution and there were adjournments sought for on behalf of the defence also. Be that as it may, as a matter of last chance, six months' time is granted to the prosecution to examine at least 10 more witnesses. No unnecessary adjournments be

granted to any of the parties and the trial of the case would continue inspite of any resolution of the local Bar. Having considered the stage of the case, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is Rejected.

However, the petitioner would be at liberty to renew his prayer for bail in the month of June, 2026. Accordingly, CRM(M) 1295 of 2025 is dismissed. Pending application(s), if any, is also disposed of. The learned Registrar General, High Court, Calcutta, is directed to communicate this order to the learned trial court.

Report so 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.)