1 M/L 43 10.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (M) 1166 of 2026 Biswanath Dey @ Danny Vs The State of West Bengal In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnagar Kotwali Police Station Case No. 576 of 2022 dated 07.06.2022 under Sections 498A/302/201 of the Indian Penal Code, 1860 corresponding to Sessions Case No. 475(09) 2022 And In the matter of : Biswanath Dey @ Danny ……Petitioner. Mr. Prabir Majumder Mr. Snehansu Majumder Ms. Sangeeta Chakraborty Ms. Anindita Kundu …for the Petitioner Mr. Sagar Saha Ms. Nayana Mukhopadhyay …for the State 1. Learned Advocate for the petitioner emphasizes on the fact that the petitioner is in custody for four years three months and the materials which surfaced in course of evidence will reflect that there is no possibility of conviction in the present case. 2. Learned Advocate for the State opposes the prayer for bail and submits that all the witnesses have been examined and it is only the Investigating Officer who is left to be examined on dock. 3. Petitioner submits that since September, 2025 for about a year the Investigating Officer is not appearing on the dates fixed for evidence. 2 4. Having regard to the advanced stage of the case and the fact that the custodial trial is in progress I direct the learned Trial Court to pronounce its verdict by 31st of December, 2026. 5. The Superintendent of Police, Krishnagar Police District would ensure the appearance of the Investigating Officer on the date fixed for its evidence or in the alternative invoke disciplinary proceedings against him. 6. It has also been brought to the notice of this Court that presently no Presiding Officer is available in the Court. Learned District Judge, Krishnagar would ensure that in case the Presiding Officer in the Court is not available, a charge or a transferee Court progresses on the date fixed with the present case and adhere to the directions passed above. 7. With the aforesaid observation, C.R.M (M) 1166 of 2026 is dismissed. 8. Memo of evidence be kept with the record. 9. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)