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2026 DAILYLAW 26826 (CAL)

MUSARAF SK @ JAHAR AHAMED AND ANR. v. STATE OF WEST BENGAL

CRM(M)/997/2026 · 2026-07-08

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.6 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (M) 997 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Raiganj Police Station Case No. 838 of 2024 dated 18.08.2024 under Sections 179/180/61(2) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 1852 of 2024). And In Re : Musaraf Sk @ Jahar Ahamed and another ... Petitioners. Mr. Arnab Chatterjee, Mr. Avik Ghosh, Ms. Ankusha Ghosh ... For the Petitioners. Mr. Gurudas Mitra, Mr. Utsav Dutta ... For the State. Learned advocate appearing for the petitioners submits that the petitioners are in custody for 1 year 10 months and out of 12 witnesses cited by the prosecution, till date only one witness has been examined. There is no possibility of the trial being concluded and as such, the petitioners may be released on bail. Additionally, it has been submitted that the contention advanced by the prosecution relating to the petitioners having antecedents is devoid of any foundation as the petitioner no.1 was acquitted from the said charges. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that huge amount of FICN was recovered in the present case and the instruction which has been received in the Memo of Evidence 2 reflects that maximum six months would be required to conclude the trial. I have taken into account the period of detention of the present petitioners which is 1 year 10 months and the recovery of FICN in the present case. Having considered the prayer advanced in the Memo of Evidence which has been contended by the learned advocate appearing for the State, as a matter of last chance, six months’ time is granted to the prosecution to conclude the trial. At this stage, the prayer for bail of the petitioners is rejected. Petitioners would renew their prayer for bail after the aforesaid time period is over. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 997 of 2026, is, thus, disposed of. Learned Registrar General, High Court, Calcutta would communicate this order to the learned Trial Court. All concerned parties shall act on the server copy of this order duly 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.)