Farah Naaz Vs State of West Bengal

24.02.2026

Serial no. 4 [G.S.D]

CRM (M) 77 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 GR Case No. 2448 of 2025 which arose out of Kulti Police Station Case No. 511 of 2025 dated 30.03.2025 u/s 126(2)/103(1)/61(2)/351(2)/3(5) of the BNS, 2023.

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-And-

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In the matter of : Farah Naaz

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Mr. Milon Mukherjee, Sr Adv. Mr. Rahul Ganguly Mr. Saibal Bapuli Mr. Sufi Kamal Mr. Arnab Saha Mr. Abhimanyu Bannejee Mr. Santanu Sett

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… Petitioner(s) … for the Petitioner(s) … for the State-respondent(s) … for the defacto-complainant

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Learned advocate for the petitioner has restricted his prayer for bail on the ground that the petitioner being a lady is at an advanced stage of pregnancy.

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State has submitted a report which reflects that from the Bardhaman Medical College and Hospital, an expected date of delivery has been fixed on 03.04.2026. Let the report be kept with the record.

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Learned advocate for the defacto-complainant has submitted an Affidavit. According to the defactocomplainant, the present petitioner is a history-sheeter having series of cases against her since the year 2012.

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It has been emphasized on behalf of the defactocomplainant that the petitioner has been able to suppress material facts on several occasions and obtained bail from the courts of law. Learned advocate also submits that if the petitioner is released on bail, there is every possibility of the trial being jeopardized, as such, the petitioner may not be enlarged on bail.

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I have taken into account the submissions of the respective parties, and I find that apart from the merits of the case, there are series of civil cases also initiated at the behest of the present petitioner.

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However, without entering into the merits of the case, I find that the report from the Bardhaman Medical College and Hospital do clarify the plea of the learned senior advocate appearing for the petitioner that the petitioner is at an advanced stage of pregnancy and an expected date has been fixed on 3^rd April, 2026.

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Having considered the same and the provisions of Section 480 of the BNSS, I am of the opinion that the petitioner is entitled to the benefits of the provisions incorporated under the BNSS.

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Having regard to the same, I am inclined to grant bail to the petitioner.

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Hence, the prayer for bail of the petitioner is

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Allowed.

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Accordingly, the petitioner viz, Farah Naaz shall be released on bail upon furnishing bond of Rs.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 CJM, Asansol, Paschim Bardhaman.

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If on bail, except for the period certified by a Registered medical practisioner, the petitioner’s presence may not be dispensed with in course of the trial for the purposes of appearance before the court. It would be the exclusive discretion of the learned trial court to ensure that the trial progresses and no hindrance is caused in the progress of trial, by the present petitioner who is released because of the special circumstances referred to above.

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In case, there is any violation of the aforesaid conditions, the learned trial court would be at liberty to cancel the bail without further reference of this court.

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Accordingly, CRM(M) 77 of 2026 is allowed .

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A copy of the report be handed over to the learned advocate for the defacto-complainant.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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

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(Tirthankar Ghosh, J.)

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Farah Naaz v. State of West Bengal

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Farah Naaz v. State of West Bengal

Case brief

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