Sabir Ali v. State Of West Bengal
14.11.2025 Serial no. 33 [G.S.D] CRM (M) 1958 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 Duttapukur Police Station Case No. 817 of dated 03.11.2024 under Sections 126(2)/117(2)/109/103(1)/3(5) of the BNS, 2023. -AndIn the matter of : Sabir Ali ... ... Petitioner(s) Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... for the Petitioner(s) Mr. Anupam Das Adhikary Mr. Sarthak Mondal ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for more than one year and two of the accused persons have been granted bail by the learned Sessions Court. Learned advocate also submits that although, charge-sheet has already been submitted but there is hardly any possibility of the trial commencing very soon as the case has not been committed.
Learned advocate for the State, on the other hand, submits that out of the seven accused persons, three accused persons are absconding and steps have been taken. I have considered the merits of the case and, I am of the opinion that, at this stage, having regard to the nature and gravity of the offence, it would not be fit and proper to release the petitioner on bail.
Hence, the prayer for bail of the petitioner is Rejected.
However, State is directed to exhaust the process of law, thereafter, split up the trial of the case and take steps for commitment of the case to the court of Sessions. Accordingly, CRM(M) 1958 of 2025 is dismissed. Pending application(s), if any, is also disposed of. CD be returned to the learned advocate for the State.
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.)