SNEHA SAMUI @ SNEHA CHAKRABORTY @ RIYA v. STATE OF WEST BENGAL
CRM (DB)/399/2025 · 2025-03-18
Apurba Sinha Ray, Arijit Banerjee
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7851 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7851 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
60. 18.03.2025 Court No.29 (Pritam) (Allowed)
IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION
CRM (DB) 399 of 2025
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Parnasree Police Station Case No.175/2019 dated 25.08.2019 under Sections 120B/302/201 of the IPC, 1860. And In the matter of: - Sneha Samui @ Sneha Chakraborty @ Riya. …petitioner. Mr. Deepak Prahladka, Ms. Reshmi Khatun …for the petitioner. Ms. Zareen N. Khan, Ms. Suveni Banerjee …for the State. Dictated by Arijit Banerjee, J.
1. Status report filed by the State be kept with the records. 2. We find that only 4 out of 38 charge-sheet named witnesses have been examined and 2 out of the charge-sheet named witnesses have been examined in part. 3. The report indicates at least 20 more witnesses will be examined by the prosecution. This means that there is no possibility of an early conclusion of the trial. 4. The petitioner is in custody for over 5 (five) years and 6 (six) months. No accused person can be kept in incarceration for an
2 indefinitely long period of time without taking the trial to its logical conclusion. 5. Without touching the merits of the case and solely on the ground of inordinate delay in the trial coupled with no early possibility of an early conclusion of the trial, we feel impelled to allow the petitioner’s prayer for bail. 6. Accordingly, we allow the petitioner’s prayer for bail. 7. Accordingly, we direct that the petitioner, namely, Sneha Samui @ Sneha Chakraborty @ Riya shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned C.J.M., Alipore, South 24 Parganas . The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not enter the territorial jurisdiction of Parnasree Police Station except for the purpose of attending court proceedings, until further orders.
The petitioner shall intimate her current local address to the OC/IC and the learned trial court where she will be residing while she will be on bail. 8. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to
3 cancel the bail in accordance with law without further reference to this court. 9. The application for bail being CRM (DB) 399 of 2025 is, thus, disposed of. 10. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 11. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.)
(Apurba Sinha Ray, J.)