Calcutta High CourtCRM(M)/2569/2025dismissed

Sandip Mishra @ Sandeep Mishra v. State Of West Bengal

2025-12-08Hon'Ble Justice Tirthankar Ghosh2 pages

08.12.2025 Court No.35.

D/L. 29.

Rakib (rejected) CRM (M) 2569 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Junput Coastal Police Station case no. 100 of 2025 dated 26.05.2025 under Sections 85/115(2)/117(2)/118(I)/109 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961.

And In the matter of : Sandip Mishra @ Sandeep Mishra ......Petitioner.

Mr. Sk Sahjahan Ali ......for the Petitioner.

Mr. Prasun Kr. Dutta Ms. Rita Dutta ......for the State.

Mr. Avilash Tripathi Mr. Suman Biswas ...for the De-facto complainant Learned advocate appearing for the petitioner submits that the petitioner being the husband is in custody for more than 185 days and till date none of the witnesses have been examined. There is no reason for further detention of the present petitioner.

On the other hand learned advocate for the State produces the Case Diary including the nature of injuries which has been sustained by the victim as also the statement of the victim/injured.

Learned advocate for the de-facto complainant also opposes the prayer for bail and submits that the injuries are grievous in nature and the incident of torture was a regular

event which finally culminated to such serious/grievous injuries.

I have considered the submissions advanced on behalf of the each of the parties, having considered the same, I am of the view that the prayer for bail of the petitioner be rejected at this stage.

Accordingly, CRM (M) 2569 of 2025 is disposed of. However, the learned trial Court is directed to conclude the evidence of the de-facto complainant as well as the injured/victim by 31st of January, 2026.

After completion of the evidence of the injured, petitioner be released on bail on such terms and conditions as the learned trial Court deems fit and proper for ensuring the appearance of the accused person.

Learned advocate for the State is directed to communicate this order to the learned trial Court. 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.)