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Calcutta High CourtCRM(M)/1882/2025dismissed

Maimuna @ Salma @ Mymuna v. State Of West Bengal

2025-12-15Hon'Ble Justice Tirthankar Ghosh2 pages

D/L12 15.12.2025 Bpg.

C.R.M. (M) 1882 of 2025 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure read with Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Baruipur Police Station Case No.1150 of 2023 dated 05.09.2023 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; Maimuna @ Salma @ Mymuna

Versus

The State of West Bengal Mr. Sourav Chatterjee Mr. Soumya Nag Mr. Rajdeep Sengupta.

...for the petitioner.

Ms. Manisha Sharma Mr. Mirza Firoj Ahmed Begg.

...for the State.

Mr. Debapriya Majumder.

...for the de facto complainant.

Learned advocate appearing for the petitioner submits that the petitioner is a lady who is in custody since 27.02.2024. She is innocent of the charges. In spite of the same, she has been detained unnecessarily. The petitioner has unnecessarily been detained and she has not been named by any of the victim, as such, the petitioner may be released on bail on any stringent conditions. Learned advocate for the State has produced the case diary including the statement of the victim lady. Learned advocate for the de facto complainant is present

and opposes the prayer for bail.

Prima facie, I find that there are serious allegations against the present petitioner. Accordingly, at this stage, I am not inclined to release the petitioner on bail.

Consequently, CRM(M) 1882 of 2025 is dismissed. It has additionally been stated that because of other accused absconding there is no progress in the trial of the case. Learned Magistrate is directed to exhaust the process of law, split up the trial of the case and take steps for commitment of the case to the court of sessions. The said process be concluded within 28th February, 2026. Thereafter, learned Magistrate would ensure supply of copies and the commit the case to the court of sessions. Petitioner would approach this Court at the appropriate stage.

The investigating officer of the case is directed to communicate this order to the learned Magistrate. All parties shall act on the server copy of this order duly 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 of all requisite formalities.

(Tirthankar Ghosh, J.)