Bhagat Kherwar v. State Of West Bengal And ANR

August 12, 2025 Sl. No. 50 AKG CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (M) 199 of 2025 In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 (Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

And Re :

Bhagat Kherwar ... Petitioner Mr. Arunava Paul ...for the Petitioner Mr. Ujjal Luksom, Mr. Sagnik Sankar Sikdar ...for the State The petitioner has been in custody for more than 1 year and 4 months.

Having regard to the statements recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the medical report, I am not inclined to grant bail to the petitioner at this stage.

However, it appears that although the charge sheet was filed in May 2024, the charge has not yet been framed against the petitioner.

In view of the above, the Court below is directed to frame the charge within a period of one month from the date of communication of this order. Thereafter, the trial shall proceed and be concluded as expeditiously as possible, preferably within one year from the date of framing of charge.

Let a copy of this order be communicated to the Trial Court by the Registry.

Accordingly, CRM (M) 199 of 2025 is disposed of. (Kausik Chanda, J.)