Calcutta High Court
CRM(M)/2023/2026 of CHANDAN KUMAR CHOWDHURY AND ANR Vs STATE OF WEST BENGAL on 30 September 2026
Court No.35. D/L.40. Rakib CRM (M) 2023 of 2026 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 AJC Bose B Garden Police Station case no. 48 of 2021 dated 21.04.2021
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30.09.2026 Court No.35. D/L.40. Rakib
CRM (M) 2023 of 2026
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 AJC Bose B Garden Police Station case no. 48 of 2021 dated 21.04.2021 under Sections 341/326/307/195A/506/120B/34 of the Indian Penal Code, 1860.
And In the matter of : Chandan Kumar Chowdhury & Anr.
……Petitioners. Mr. Sourav Chatterjee, Sr. Adv. Mr. Soumya Basu Roy Chowdhury
......for the Petitioners. Mr. Koustavlal Mukherjee Mr. Avisekh Bhandari
……for the State.
Learned senior advocate appearing for the petitioners submit that petitioners are in custody for five years and five months and there is no scope of the trial being concluded. Prosecution is not putting in efforts in spite of the earlier direction passed by this Court. One of the principal accused has already been released on bail, as such, petitioners be released on bail on same terms and conditions. Learned advocate appearing for the State opposes the prayer for bail and submits that out of 22 witnesses 17 witnesses have been completed. In view of the stage of the case, I grant the State a last opportunity to conclude all the prosecution witnesses it intends to rely by 31st of December, 2026.
2 In the alternative, the learned trial Court on 1st of January, 2027 would release the petitioners on bail on such terms and conditions as the learned trial Court deems fit and proper for ensuring further appearance of the petitioners, if required, in the trial. With the aforesaid observations, the prayer for bail of the petitioners at this stage is rejected. Learned trial Court would adhere the direction passed above. Accordingly, CRM (M) 2023 of 2026 is disposed of. 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.)