Calcutta High CourtCRM(M)/2104/2025dismissed

Tapas Sarkar v. State Of West Bengal

2026-02-04Hon'Ble Justice Tirthankar Ghosh2 pages

04.02.2026

IN THE HIGH COURT AT CALCUTTA

Item No. M/L.137 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 2104 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bhatpara Police Station Case No. 525 of 2024 dated 05.09.2024 under Sections 85/80(2)/103(1) of the Bharatiya Nyaya Sanhita, 2023.

And In Re : Tapas Sarkar ... Petitioner.

Mr. Moyukh Mukherjee, Mr. Abhijit Singh, Mr. Koustav Lal Mukherjee ... For the Petitioner.

Mr. Bitasok Banerjee, Ms. Debjani Sahu ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 4 months and one of the witnesses cited by the prosecution has supported the case of the defence and ruled out the possibility of the petitioner being at the place of occurrence.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that charges have been framed and evidence of PW-1 has commenced. Having considered the present stage of the case and the fact that the incident happened within two years of marriage, I am of the view that let the evidence of the first six witnesses on behalf of the prosecution be completed by 31st July, 2026.

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

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

Learned advocates for the petitioner and State will communicate this order to the learned Trial Court for acting in consonance with the directions passed hereinabove. The application for bail, being CRM (M) 2104 of 2025, is, thus, disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)