Rahul Mukherjee @ Arnab Sil @ Shil v. State Of West Bengal And ANR

14.11.2025 Serial no. 36 [G.S.D] CRM (M) 1961of 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.T. No. 01(12)/2021, SC No. 182/2020 arising out of Bidhannagar South Police Station Case No. 98 of 2020 dated 11.08.2020 under sections 419/376/384/385 of the IPC and charge-sheet dated 07.11.2020 under sections 419/376/384/385 of the IPC.

-AndIn the matter of : Rahul Mukherjee @ Arnab Sil @ Shil ... ... Petitioner(s) Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... for the Petitioner(s) Ms. Shaila Afrin Ms. Sana Naaz ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for five years and three months. It has been complained that out of the 13 witnesses proposed to be examined by the prosecution, only four witnesses have been examined by the prosecution. Learned advocate for the State, on the other hand, submits that delay cannot be contributed to the State as there was systematic delay for absence of any Presiding Officer in the learned trial court.

I have considered the period of detention of the petitioner as also the fact that only four witnesses have been examined and there is hardly any possibility of the trial being concluded in the near future, as such I am inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Rahul Mukherjee @ Arnab Sil @ Shil shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned ACJM, Bidhannagar.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned court and shall not leave the jurisdiction of 24 Parganas (North) without prior intimation to the learned trial court.

In case, there is any violation of the aforesaid conditions, the learned ACJM, Bidhannagar would be at liberty to cancel the bail without further reference to this court.

Accordingly, CRM(M) 1961 of 2025 is allowed.

Pending application(s), if any, is also disposed of. 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.)