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2026 DAILYLAW 46711 (CAL)

SK. NABIUL ISLAM @ NABA AND ANR v. STATE OF WEST BENGAL

CRM(M)/1755/2026 · 2026-10-06

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.10.2026 Serial no. 72 [G.S.Das] Assistant Registrar (Court) CRM (M) 1755 of 2026 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 Egra PS Case No. 337 of 2024 dated 29.05.2024 u/s 448/34/395/397/412 of the IPC. -And- In the matter of : Sk. Nabiul Islam @ Naba &Anr. … Petitioner(s) Mr. Anirban Mitra Mr. Amit Halder Mr. Amit Roy … for the Petitioner(s) Mr. Aditya Tiwari Ms. Priyanka Chandra … for the State-respondent(s) Learned advocate for the petitioners submits that the petitioners are in custody for 868 days and till date only four witnesses have been examined, as such, there is no possibility of the trial being concluded very soon. Learned advocate, therefore, prays that the petitioners may be released on bail. According to the learned advocate, the earlier direction of this court did not yield any result. State opposes the prayer for bail and submits that so far as the petitioner no.1 is concerned, there were five criminal cases against him. So far as the petitioner no.2 is concerned, the petitioner no.2 was arrested from Orissa and there were recoveries which would go to show the materials 2 available with them. Learned advocate also emphasizes on the incriminating materials. Having regard to the fact that the petitioners were arrested with several incriminating materials which would lead to the prima facie finding relating to the alleged offence having been committed, I am of the opinion that this is not a fit case for granting bail to the present petitioners at this stage. Hence, the prayer for bail of the petitioners is Rejected. However, as the petitioners are in custody for about two years four months and only four witnesses have been examined till date, as a matter of last chance, six months’ more time is granted to the prosecution to complete the relevant witnesses. The petitioners will renew their prayer for bail after the aforesaid time period is over. Accordingly, CRM (M) 1755 of 2026 is dismissed. Pending application(s), if any, is also disposed of. 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