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2026 DAILYLAW 28069 (CAL)

ABU BAKKAR MALLIK @ ASRAFUL v. STATE OF WEST BENGAL

CRM(M)/1194/2026 · 2026-07-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.07.2026 Court No.35. D/L.481. Rakib (Rejected) CRM (M) 1194 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 Madhabdihi Police Station case no. 33 of 2022 dated 09.02.2022 under Sections 394/302/411 of the Indian Penal Code and Sections 25/27/35 of the Arms Act. And In the matter of : Abu Bakkar Mallik @ Asraful ……Petitioner. Mr. Toslim Ali Mr. Sagnik Bhattacharyya .....for the Petitioner. Mr. Gouranga Kumar Das, Ld. APP Mr. Anurag Sardar ……for the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for four years four months and only 11 witnesses have been examined out of the 35 witnesses cited by the prosecution. There is no possibility of the trial being taken to its logical conclusion and earlier liberty was granted to the petitioner to approach this Court, if within a year the evidence of the witnesses were not completed. Learned advocate appearing for the State opposes the prayer for bail and submits that the offending weapon was recovered at the behest of the present petitioner. Other corroborating materials do support the prosecution case and there are two more cases against the present petitioner which is under the NDPS Act and another is under Section 392 of the Indian Penal Code and Arms Act. 2 Having considered the criminal antecedents of the present petitioner along with nature of the offence, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in CRM (M) 1194 of 2026 is rejected 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.)