Calcutta High Court (Appellete Side)
20B/411 Of The Indian Penal Code vs In Re : Pabitra Halder on 7 April, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
07.04.2026 IN THE HIGH COURT AT CALCUTTA
Item No.15 CRIMINAL MISCELLANEOUS JURISDICTION
Ct.No.35
dc.
Rejected
C.R.M. (M) 48 of 2026
In Re : An Application for bail under Section 439 of the Code
of Criminal Procedure, 1973 corresponding to Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in
connection with Hanskhali Police Station Case No. 527 of
2024 dated 14.07.2024 under Sections 342/323/325/
376(2)(n)/376D/376/511/384/354A/354B/354D/506/509/
120B/411 of the Indian Penal Code, 1860.
And
In Re : Pabitra Halder
… Petitioner.
Mr. Shibaji Kumar Das
… For the Petitioner.
Ms. Amita Gaur,
Ms. Afreen Begum
… For the State.
Mr. Saswata Bhattacharyya
… For the de facto complainant.
Memo of Evidence submitted by the learned advocate
appearing for the State be kept with the record.
Learned advocate appearing for the petitioner submits
that the petitioner is in custody for 1 year 9 months and till
date, only three witnesses out of 13 witnesses have been
examined. Further, petitioner is similarly situated as another
accused person viz. Ramprasad Mondal who has been
granted bail. As such, petitioner may be released on bail
Learned advocate appearing for the State opposes the
prayer for bail and produces the case diary.
Learned advocate appearing for the de facto
complainant also opposes the prayer for bail.
2
I have taken into account the statement of the victim
lady recorded under Section 164 of the Code of Criminal
Procedure. The said statement completely distinguishes the
locus of the said Ramprasad Mondal who has been granted
bail and the present petitioner who is allegedly thickly
connected with the core offence. Having regard to the gravity
and heinousness of the offence, I am not inclined to release
the petitioner on bail. As such, the prayer for bail of the
petitioner is rejected.
The application for bail, being CRM (M) 48 of 2026, is,
thus, dismissed.
All concerned parties shall act on the server copy of
this order duly 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.)