Calcutta High CourtCRM(M)/2061/2025dismissed

Morjina Bibi @ Morjina Sarkar v. State Of West Bengal

2025-11-26Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 137 26.11.2025 C.R.M. (M) 2061 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Magrahat Police Station Case No.251 of 2024 dated 06.07.2024 under Sections 126(2)/117(2)/103/3(5) of the Bharatiya Nyaya Sanhita, 2023;

Morjina Bibi @ Morjina Sarkar

Versus

The State of West Bengal Mr. Sakil Ahamed Sk.

Mr. Safiqul Islam.

...for the petitioner.

Ms. Z.N. Khan Mr. Nirupam Dhali.

...for the State.

Learned advocate appearing for the petitioner submits Bpg.

Dismissed that the petitioner is similarly situated as other accused persons who have been granted bail. It has been submitted that the petitioner is in custody for 309 days and 8 witnesses have been examined till date out of 22 witnesses proposed to be examined by the prosecution.

Learned advocate for the State has produced the case diary.

I have considered the statement under Section 164 Cr.P.C. of some of the witnesses and the overt acts of the present petitioner.

Having considered that the petitioner was initially evading the arrest and there are overt acts which have been described by some of the witnesses, until and unless majority of the

witnesses are over, it would not be proper to release the petitioner on bail.

Accordingly, at this stage, the prayer for bail of the petitioner is rejected.

Prosecution is directed to complete at least 10 more witnesses by 31st May, 2026. No unnecessary adjournment be granted to any of the parties. The trial of the case would continue in spite of resolution of the local bar.

Accordingly, CRM(M) 2061 of 2025 is dismissed at this stage.

Petitioner will renew his prayer for bail after the aforesaid period is over.

Learned advocate for the State would communicate this order to the learned trial court for taking appropriate action. 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.)