Calcutta High Court
CRM(M)/2320/2026 of AKASH GAYEN @ GAINE @ MONDAL Vs STATE OF WEST BENGAL AND ANR on 8 October 2026
Court No.35. M/L.96. Rakib (Rejected) CRM (M) 2320 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 Chapra Police Station case no. 982 of 2023 dated 18.12.2023
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08.10.2026 Court No.35. M/L.96. Rakib (Rejected)
CRM (M) 2320 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 Chapra Police Station case no. 982 of 2023 dated 18.12.2023 under Sections 363/365/120B/212 of the Indian Penal Code and under Section 6 of the POCSO Act, 2012.
And In the matter of : Akash Gayen @ Gaine @ Mondal
……Petitioner. Ms. Tannistma Bandyoppadhyay
.....for the Petitioner. Mr. Ayan Basu Mr. Gautam Banerjee
……for the State. Mr. Prabir Majumder Ms. Sangeeta Chakraborty
......for the De-facto complainant.
Learned advocate appearing for the petitioner submits that petitioner is in custody for more than two years seven months, charge-sheet has been submitted, charges have been framed and about five witnesses have been examined till date. According to the petitioner there is no possibility of the trial concluding in near future. As such, petitioner be released be released on certain stringent conditions. Learned advocate appearing for the de-facto complainant appears and submits that petitioner has used force and ravished the victim. State has produced the Case Diary. I have taken into account the statement of the victim under Section 164 of the Cr.PC./Section 183 of BNSS. Having considered
2 the same, I am of the opinion that this is not a fit case for release the petitioner on bail. As such, prayer for bail of the petitioner in CRM (M) 2320 of 2026 is rejected. Learned trial Court is directed to complete rest of the witnesses preferably within a period of six months from the date of communication of this order. Memo of evidence submitted by the State be kept with the record. 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.)