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Calcutta High CourtCRM(M)/1789/2025rejected

Rinku Sarkar @ Rinku Biswas v. State Of West Bengal

2025-11-10Hon'Ble Justice Tirthankar Ghosh2 pages

10.11.2025 Court No.35.

D/L. 46.

Rakib (Rejected) CRM (M) 1789 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Petrapole Police Station Case No. 03 of 2025 dated 18.01.2025 under Sections 319(2)/338/336(3)/340(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 14A(b) of the Foreigners Act, 1946.

And In the matter of : Rinku Sarkar @ Rinku Biswas ......Petitioner.

Mr. Susnigdho Bhattacharyya ......for the Petitioner.

Mr. Antarikhya Basu Ms. Debjani Sahu ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 300 days. According to the learned advocate there are sufficient materials to substantiate that the petitioner is an Indian citizen, in spite of the same she is being detained in custody.

Learned advocate appearing for the State has produced the Case Diary and drawn the attention of the Court to the relevant materials which have been seized in connection with the instant case.

There are incriminating materials of a neighbouring country, prima facie, I am of the view that at this stage it is not fit and proper to release the petitioner on bail.

Learned trial Court is directed to take steps to expedite the process of consideration of charges and examination of the prosecution evidence.

In view of the observations made above CRM (M) 1789 of 2025 is dismissed.

Case Diary be returned to the learned advocate appearing for the State.

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.)