CRM(M)/1887/2026 of KUNTAL ACHARYA Vs STATE OF WEST BENGAL on 28 September 2026

28.09.2026 Court No.35. D/L.18. Rakib (Rejected)

CRM (M) 1887 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 Namkhana Police Station case no. 44 of 2024 dated 24.03.2024 under Sections 498A/406/304B/302 of the Indian Penal Code, at present under Sections 85/316(2)/80/103(1) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of : Kuntal Acharya

……Petitioner. Mr. Gobinda Chandra Baidya Mr. P. Mondal Mr. Aminul Islam

.....for the Petitioner. Ms. Rajashree Venket Kundalia Mr. Shankar Mukherjee

……for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for two years six months, there has been no progress in the trial since the bail was rejected earlier on 15.12.2025. Records reflect that only one witness till date has been examined out of the proposed 13 witnesses cited in the charge- sheet. Learned advocate appearing for the State opposes the prayer for bail on the ground that it was the present petitioner who was involved in the death and the post-mortem report reflect that the reasons are manual strangulation. Petitioner is the husband of the deceased.

2 Having considered the overall circumstances, State is directed to complete all the vulnerable witnesses within a period of six months. In case, the vulnerable witnesses cannot be completed, in spite of cooperation extended by the accused, the learned trial Court would in an application for bail leniently consider the same in accordance with law. With the aforesaid observations CRM (M) 1887 of 2026 is dismissed at this stage. 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.)