Calcutta High CourtCRM(M)/1286/2025dismissed

Muktara Bibi v. State Of West Bengal

2025-12-12Hon'Ble Justice Tirthankar Ghosh2 pages

12.12.2025 Court No.35.

D/L. 14.

Kausik (Rejected) CRM (M) 1286 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 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.

And In the matter of : Muktara Bibi ......Petitioner.

Mr. Kallol Kumar Basu Mr. Jannat Ul Firdous Mr. Raj Sekhar Hota Mr. Prabuddha Mandal ......for the Petitioner.

Ms. Sreyashee Biswas Ms. Sana Naaz ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner submits that petitioner is in custody for 2 years 10 months 7 days and only about 26 witnesses have been examined out of proposed 48 witnesses.

There is no possibility according to the petitioner of the trial concluding and the petitioner is suffering from serious ailments, so be released on bail.

Learned advocate for the State submits that the petitioner is having a chronic disease from the very inception. The same was earlier considered.

So far as the issue relating to cancer is concerned, the same is suspected. Majority of the witnesses have been examined and according to the State the release of the petitioner would jeopardize the further progress of the trial as witnesses have named the complicity of the present petitioner in the alleged crime.

Having considered the gravity of the offence, at this stage, I am not inclined to release the petitioner on bail. Accordingly, CRM (M) 1286 of 2025 is dismissed. Learned Trial Court would take steps for expediting the trial so that the same is concluded within a reasonable period of time. No unnecessary adjournment be granted to any of the parties.

All parties shall act in terms of server copy of the order 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 with all requisite formalities.

(Tirthankar Ghosh, J.)