CRM(M)/2273/2026 of XXXX Vs STATE OF WEST BENGAL AND ANR on 29 September 2026

29.09.2026 Court No.35. D/L.486. Rakib

CRM (M) 2273 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 Tarakeswar Police Station case no. 294 of 2025 dated 01.08.2025 under Sections 137(2)/140(3) of the Bharatiya Nyaya Sanhita, 2023

And In the matter of : XXXX

……Petitioner. Mr. Bitasok Banerjee Mr. Bibaswan Bhattacharya Ms. Debangana Bhattacharya

.....for the Petitioner. Ms. Tannistha Bandyopadhyay

......for the De-facto complainant. Mr. Amarta Ghosh Mr. Ayon Shubhra bandhyopadhyay

……for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for about 13 months. Pursuant to the earlier direction petitioner has approached this Court, in spite of the directions till date the evidence is not progressing. Learned advocate appearing for the de-facto complainant opposes the prayer for bail and emphasizes on the factum that because of the association of the petitioner with the victim she became pregnant. Learned advocate appearing for the State opposes the prayer for bail as the evidence of the victim till date has not commenced. I have taken into account the order-sheets which have been placed by the petitioner and also the submission of the State that

2 the next scheduled is fixed in the month of October, 2026 and the scheduled is completing on 9th of October, 2026. Prosecution would put in efforts, if on the next schedule the evidence of the victim cannot be completed, in the alternative learned trial Court would on 9th of October, 2026 release the petitioner on bail on such terms and conditions as the learned trial Court deems fit and proper. Learned trial Court while imposing the condition would ensure that the petitioner stay outside the jurisdiction of Tarakeshwar Police Station. With the aforesaid observations, CRM (M) 2273 of 2026 is disposed of. Memo of evidence 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.)