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2026 DAILYLAW 40328 (CAL)

MUKUL KUMAR v. THE STATE OF WEST BENGAL AND ANR

CRM(M)/1948/2026 · 2026-09-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.09.2026 Court No.35. D/L. 30. Kausik CRM (M) 1948 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Muchipara Police Station Case No. 175 of 2023 dated 22nd November, 2023 under Sections 120B/366A/370/372/373 of the Indian Penal code, 1860, Sections 4/17/21 of the POCSO Act, 2012 and Sections 3/4/5/6/7 of the Immoral Trafficking (Prevention) Act. And In the matter of : Mukul Kumar ……Petitioner. Mr. Pranit Bag Mrs. Rita Mukherjee Mr. Rhidhiman Mukherjee Mr. Ghanshyam Jha Mr. Rowsan Kr. Jha ……for the Petitioner. Mr. Lokesh Sharma Mr. Karan Dudhwewala ….for the State. Learned advocate appearing for the petitioner submits that 15 witnesses out of the 25 witnesses proposed by the prosecution has already been examined. So far as the witnesses who were cited by the prosecution for bringing whom the charges against the petitioner have already been completed, as such further detention of the petitioner would result in pre- conviction detention. State has opposed the prayer for bail. 2 I have taken into account the detailed order passed by the earlier Co-ordinate Bench in CRM (M) 208 of 2025. Having considered the exhaustive reasoning assigned therein freshly, I do not enter into the merits of the case. State has submitted that prosecution would examine one/two more witnesses. Having regard to the time frame and the ensuing vacations, State is directed to complete all its witnesses within a period of 6 months. If inspite of co-operation rendered by the accused petitioner, the examination of all the prosecution witnesses cannot be completed for reasons beyond the control of the learned Trial Court, the learned Trial Court would release the petitioner on bail on such terms and conditions as it deems fit and proper if the aforesaid time period is over. It is directed that the trial of the case would continue in spite of any resolution of the local bar and no unnecessary adjournment be granted to any of the parties concerned. The application for bail of the present petitioner at this stage is rejected. Learned Trial court would adhere to the directions passed above. 3 With the aforesaid observations CRM (M) 1948 of 2026 is disposed of. Memo of Evidence submitted 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.)