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2026 DAILYLAW 47617 (CAL)

MALA MALLIK v. STATE OF WEST BENGAL

CRM(M)/2030/2026 · 2026-10-07

Ananya Bandyopadhyay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.10.2026 ct 33 C.R.M.(M) No. 2030 of 2026 sl no. 25 cm/S. Das In Re : In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Beliabera P.S. Case No. 106 of 2025 dated 02.11.2025. Sections 85/123/109(1) Bharatiya Nyaya Sanhita, 2023. And Rejected In Re : Mala Mallik. ….. petitioner Mr. Ajoy Kumar Mukherjee, Sr. Adv., Mr. Satadru Lahiri Ms. Poulami Dey Mr. Sandipan Maiti …… for the petitioner Mr. Anirudha Bhattacharyya Ms. T. Sengupta …… for the State 1. The learned advocate representing the petitioner submitted that the trial court’s order dated 9th July, 2026 rejecting the prayer for bail is upon an assumption and apprehension that if the petitioner is released on bail she may have repeated the same offence of administering poison to the child presently 8 months old. It was further submitted that the child as of now is hale and hearty and the petitioner has been in custody since 2nd November, 2025. Though the charge-sheet has been filed, however, trial has not been initiated which entitled the petitioner to be granted with an order of bail. 2. The learned advocate representing the State submitted the granddaughter of the petitioner to have been administrated with poison by the petitioner has been 2 corroborated by the report of the FSL at Page 207 of the case diary. It was further submitted that the bill book appearing at page No. 72 of the case diary further strengthened the prosecution case with regard to purchase of pesticide from a particular shop by the petitioner herself. 3. The alleged offence, as per the narrative in the complaint, the statements recorded under Section 180 of BNSS and the injury report along with the FSL report prima facie attributes the alleged offence to have been committed as attrocious and accordingly the prayer for bail is rejected. 4. The learned trial court is to immediately commence the process of trial and if it is kept sufficiently in abeyance for a considerable period of time, the petitioner will be at liberty to pray for further bail. 5. Accordingly, the application being CRM(M) 2030 of 2026 is dismissed. (Ananya Bandyopadhyay, J.)