Disposed¶18

Rohit Mardi @ Rashid Mardi v. State of West Bengal

Calcutta HC18 Feb 2026CRM(M)/276/2026

Case brief

AI extract

What is this about?

Conditional bail after consideration of charges; S.483 BNSS 2023 bail application corresponding to S.439 CrPC; accused under Ss.498A/306/34 IPC; wife's suicide by poison within nine months of marriage while pregnant; petitioner in custody 182 days; parents co-accused on bail; three-month timeline for commitment and charge consideration; Gazole Police Station Case No.898 of 2023; Rohit Mardi @ Rashid Mardi v. State of West Bengal; Tirthankar Ghosh, J.; disposed 18.02.2026.

What did the court decide?

Conditional bail: the learned trial court was directed to release the petitioner on bail once the stage of consideration of charges is over, on such terms and conditions as it deems fit and proper to ensure further appearance of the petitioner. ¶18

Rohit Mardi @ Rashid Mardi Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, an accused under Sections 498A/306/34 of the Indian Penal Code in connection with Gazole Police Station Case No.898 of 2023 who has been in custody for 182 days, should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Court's answer

The learned court in seisin of the case, be it the learned Magistrate or the learned sessions court, was directed to proceed and progress towards the consideration of charges.

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Ratio / Principle

If the case is before the learned Magistrate, all efforts were directed to completing the process of supply of copies to all the accused persons and committing the records to the court of sessions.

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Key takeaways

If the case is already before the sessions court, a date was directed to be fixed at the earliest for consideration of charges.ratio¶17
If the case is before the learned Magistrate, steps were directed to be taken so that within a period of three months at least after commitment the stage of consideration of charges is completed.ratio¶17
After the stage of consideration of charges is over, the learned trial court was directed to release the petitioner on bail on such terms and conditions as it deems fit and proper to ensure further appearance of the petitioner.ratio

Detailed headnote1 paragraphs

Bail application (C.R.M. (M) 276 of 2026, decided 18.02.2026) under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 439 CrPC, by Rohit Mardi @ Rashid Mardi, accused under Sections 498A/306/34 IPC in Gazole Police Station Case No.898 of 2023 (dated 17.11.2023). The deceased committed suicide by consuming poison within nine months of marriage while she was carrying; the petitioner had been in custody for 182 days and his parents, also made accused, were already on bail. Rather than granting immediate bail, Tirthankar Ghosh, J. directed the court in seisin (Magistrate or sessions court) to expedite progress to the consideration of charges - supply of copies and commitment to the sessions court, or an early date for charges where already before sessions, with the charge-consideration stage to conclude within three months of commitment where before the Magistrate - and ordered that the trial court release the petitioner on bail after that stage, on terms ensuring his further appearance. The application was disposed of.

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D/L28

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C.R.M. (M) 276 of 2026

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18.02.2026

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Bpg. In Re: An application for Bail under Section 483 of the Bharatiya Disposed of Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedur filed in connection with Gazole Police Station Case No.898 of 2023 dated 17.11.2023 under Sections 498A/306/34 of the Indian Penal Code;

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Rohit Mardi @ Rashid Mardi Versus The State of West Bengal

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Mr. Tapan Dutta Gupta

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Mr. Parvej Anam Ms. Rituparna Ghosh Mr. Sourav Sardar

Ms. Afsana Khatun.

…for the petitioner.

Mr. Prasun Kr. Dutta

Ms. Puja Goswami.

…for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 182 days and has surrendered before the jurisdictional court.

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Learned advocate for the State opposes the prayer for bail and submits that the petitioner had been evading the process of law for a considerable period of time.

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I find from the records of the case that the deceased committed suicide by consuming poison within nine months of marriage when she was carrying. Petitioner is in custody also for more than six months. The parents of the petitioner have also been made accused and are on bail. There must be some progress in the case. Accordingly, I direct that the learned court in seisin of the

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case, be it the learned Magistrate or the learned sessions court, would proceed and progress towards the consideration of charges. If the case is before the learned Magistrate, all efforts be taken to complete the process of supply of copies to all the accused persons and the records be comitted to the court of sessions. If the case is already before the sessions court, in that case, a date be fixed at the earliest for consideration of charges. If the case is before the learned Magistrate, steps be taken so that within a period of three months at least after commitment the stage of consideration of charges are over. Learned trial court would after the stage of consideration of charges are over release the petitioner on bail on such terms and conditions as he deems fit and proper to ensure further appearance of the petitioner.

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With the aforesaid observations, CRM(M)276 of 2026 is disposed of.

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All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

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(Tirthankar Ghosh, J.)

Rohit Mardi @ Rashid Mardi v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Rohit Mardi @ Rashid Mardi v. State of West Bengal

Case brief

What is this about?

What did the court decide?

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What the court decided

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