Calcutta High CourtCRM(M)/2522/2025dismissed

Sk Mafijuddin Chowdhury @ Sk Maifujuddin Chowdhury @ Babai v. State Of West Bengal

2025-12-04Hon'Ble Justice Tirthankar Ghosh2 pages

04.12.2025 Court No.35.

D/L. 24.

Kausik (Rejected) CRM (M) 2522 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Nandigram Police Station Case No. 231 of 2025 dated April 17, 2025 under Sections 109/103(1)/3(5) of the BNS;

And In the matter of : Sk. Mafijuddin Chowdhury @ Sk. Maifujuddin Chowdhury @ Babai ......Petitioner.

Mr. Navanil De Mr. Subhrajit Dey ......for the Petitioner.

Mr. Iqbal Kabir Mr. Debanshu Ghorai ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner was charged under the provisions of BNS which included amongst others Section 103 as also in respect of provisions under the Prevention of Cruelty to Animals Act, 1960 and is in custody for 230 days.

Learned advocate further submits that the charge sheet was submitted against the 3 accused persons out of which one has been granted bail and the petitioner along with another is in custody.

On any stringent condition petitioner prays for bail as there is hardly any scope of the trial progressing.

Learned advocate for the State submits that charge sheet has been submitted and presently there are 5 accused persons. Only one of the accused has been granted bail. Be that as it may, in case some of the accused persons are absconding, the State would take steps for splitting up of the trial after exhausting whole of the process. Let the case be committed to the Court of Sessions at the earliest. At this stage, I am not inclined to release the petitioner on bail.

Accordingly, CRM (M) 2522 of 2025 is dismissed. However, petitioner would be at liberty to renew his prayer for bail at the appropriate stage.

Report submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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.)