27.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.269 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1526 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Beldanga Police Station Case No. 565 of 2022 dated 14.09.2022 under Sections 341/376(2)(i)(n) of the Indian Penal Code, 1860. And In Re : Chand Mohammad Sk. @ Chand Mohammad ... Petitioner. Mr. Pawan Kumar Gupta, Mr. Shibasis Chatterjee, Ms. Sofia Nesar, Mr. Santanu Sett ... For the Petitioner. Mr. Gouranga Kumar Das, APP, Mr. Amartya Mohan Bhattacharyya ... For the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 3 years 10 months and till date, only 6 witnesses have been examined, out of 17 witnesses cited by the prosecution in the charge-sheet. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail on merits as, according to the State, the victim is a disabled lady. I have taken into account the order passed by this Court on 01.12.2025 in CRM(M) 1295 of 2025 wherein when lastly the prayer for bail of the petitioner was rejected, it was directed to expedite the deposition of the witnesses and at least examination of 10 witnesses be completed. However, for reasons beyond control, the same has not been completed till 2 date. Considering the period of detention of the present petitioner and the fact that another 11 witnesses are yet to be examined by the prosecution, I am inclined to release the petitioner on bail because of lengthy period of detention of the present petitioner. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Chand Mohammad Sk. @ Chand Mohammad shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Berhampore, Murshidabad. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Trial Court. Additionally, the petitioner shall not enter into the jurisdiction of Beldanga Police Station without prior permission of the learned Additional Sessions Judge, 1st Court, Berhampore, Murshidabad. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1526 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)