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2026 DAILYLAW 6959 (CAL)

ASGAR ALI HALDER @ ASGAR ALI HALDAR v. STATE OF WEST BENGAL

CRM(M)/381/2026 · 2026-04-08

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.04.2026 Court No.35. D/L.14. Rakib (Allowed) CRM (M) 381 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Andal Police Station case no. 233 of 2021 dated 02.09.2021 under Sections 395/397/412 of the Indian Penal Code and Sections 25(1B)(a) /35 of the Arms Act. And In the matter of : Asgar Ali Halder @ Asgar Ali Haldar. ……Petitioner. Mr. Md. Jannat Ul Firdous Mr. Rajesh Naskar .....for the Petitioner. Mr. Arijit Ganguly Mr. Ashok Das ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for about four years six months and out of the 56 witnesses cited by the prosecution till date only five witnesses have been examined. There is no possibility of the trial being taken to its logical conclusion within a reasonable period of time. Learned advocate for the State is present and opposes the prayer for bail. Having considered that there is no possibility of the trial concluding in near future and similarly placed accused persons have been granted bail, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. As such, petitioner namely, Asgar Ali Halder @ Asgar Ali Haldar shall be released on bail upon furnishing bond of Rs. 2 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Durgapur, Paschim Bardhaman. If on bail, the petitioner shall be physically present before the learned trial Court on each and every date and shall not leave the jurisdiction of District of Paschim Bardhaman without the prior permission of the learned trial Court. Additionally, petitioner shall meet with the Inspector-in- Charge of Andal Police Station once in a fortnight until further orders. Accordingly, CRM (M) 381 of 2026 is allowed. Learned Registrar General, High Court, Calcutta is directed to communicate this order to the ADG, CID, West Bengal to monitor the trial of the case as only 5 witness out of 56 witnesses have been examined in this case and the accused was in custody for more than four and half years. 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.)