Calcutta High Court
CRM(M)/1603/2026 of AMITAVA BISWAS @ AMITABHA BISWAS Vs STATE OF WEST BENGAL AND ANR on 5 October 2026
no. 57 [G.S.Das] Assistant Registrar (Court) CRM (M) 1603 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Hanskhali PS Cse No. 244 of 2024 dated April 1, 2024 u/s 420/376/506 of the IPC and
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05.10.2026 Serial no. 57 [G.S.Das] Assistant Registrar (Court)
CRM (M) 1603 of 2026
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Hanskhali PS Cse No. 244 of 2024 dated April 1, 2024 u/s 420/376/506 of the IPC and adding sectiosn 419/468/471/354(B)/376(2) and section 6 of the POCS Act.
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In the matter of : Amitava Biswas @ Amitabha Biswas
… Petitioner(s)
Ms. Sananda Bhattacharyya
… for the Petitioner(s)
Mr. Goutam Dey Mr. Armartya Mohan Bhattaharyya
… for the State-respondent(s)
The petitioner submits that the petitioner is in custody for two and half years. The vulnerable witnesses have already been examined and out of the 29 witnesses proposed to be examined by the prosecution, 12 witnesses till date have been examined, as such, there is no possibility of the trial being concluded very soon. State produce the case diary. I have taken into account the deposition of the victim along with the statement under section 164 of the Cr.P.C. as well as the medico-legal examination report. Having considered the overall circumstances, I am not inclined to grant bail to the present petitioner.
2 Hence, the prayer for bail of the petitioner is Rejected. However, an accused cannot stay indefinitely in custody without the trial being progressed. Accordingly, I direct the learned trial court to ensure that rest of the prosecution witnesses are completed within a period of six months. Accordingly, CRM (M) 1603 of 2026 is dismissed. Pending application(s), if any, is also disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)