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2026 DAILYLAW 27523 (CAL)

MD BABAR KHAN @ BABAR KHAN v. STATE OF WEST BENGAL

CRM(M)/2824/2025 · 2026-07-09

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09.07.2026 Serial no. 16 [G.S.D] CRM (M) 2824 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with ST No. 02(09) 18 arising out of West Port Police Station Case No. 03/2018 dated 02.01.2018 u/s 302/201/34 of the IPC. -And- In the matter of : Md. Babar Khan @ Babar Khan … Petitioner(s) Mr. Anand Keshari Ms. Pubali Debnath Ms. Sneha Bhattacharjee Ms. Dhriti Chanda … for the Petitioner(s) Mr. Arnab Sau … for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner was arrested on 27th February, 2018 and more than eight years four months have passed in the meantime but the prosecution till date has been able to examine 18 witnesses out of the 27 witnesses cited. The records of the case speak that last of the direction of this court was passed on 13.09.2023 in CRM (DB) 3550 of 2023, wherein, two years’ time was granted to the prosecution to complete the witnesses, as, at the relevant point of time only 17 witnesses were examined. However, there has hardly been any progress in the trial for more than two and half years, as, only one more witness has been examined. 2 Having considered the totality of the circumstances, I am of the opinion that further detention of the present petitioner is unwarranted. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Md. Babar Khan @ Babar Khan shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned CJM, Alipore. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned trial court and shall not leave the jurisdiction of West Port Police Station. The learned trial court is granted liberty to impose additional condition(s), if any, for ensuring appearance of the present petitioner and/or regarding tampering with the witnesses concerned. Accordingly, CRM (M) 2824 of 2025 is allowed. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3