Calcutta High Court
CRM(M)/2166/2026 of JUEL MARDI Vs STATE OF WEST BENGAL AND ANR on 21 September 2026
Court No.35. D/L.643. Rakib (Rejected) CRM (M) 2166 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 Malda Police Station case no. 104 of 2024 dated 23.02.2024
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21.09.2026 Court No.35. D/L.643. Rakib (Rejected)
CRM (M) 2166 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 Malda Police Station case no. 104 of 2024 dated 23.02.2024 under Sections 302/201/34 of the Indian Penal Code and subsequently charge- sheeted under Sections 302/201/34 of the Indian Penal Code read with Section 6 POCSO Act, 2012.
And In the matter of : XXX
……Petitioner. Mr. Kazi M. Rahman
.....for the Petitioner. Mr. Pritam Roy Mr. Debayan Ghosh
……for the State.
Learned advocate appearing for the petitioner submits that petitioner is in custody for two years seven months, there has been hardly any progress in the trial and till date only 8 witnesses have been examined. Petitioner emphasizes on the fact that as there is no possibility of the trial being concluded, petitioner be released on bail on any stringent conditions. Learned advocate appearing for the State opposes the prayer for bail. Attention of the Court has been drawn to the post-mortem report and particularly the factual background of the case which reflects that a minor was raped and subsequently murdered. State proposes to reduce number of witnesses. Having considered the heinousness of the offence, the Superintendent of Police Malda is directed to monitor the present case so that the witnesses are available on the dates fixed.
2 There has been a very slow progress in the trial, learned trial Court is directed that all the vulnerable witnesses be completed within next three months. With the aforesaid observations, the prayer for bail of the petitioner in CRM (M) 2166 of 2026 is dismissed. 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.)