Calcutta High Court
CRM(M)/2178/2026 of JHANTU MOLLA Vs STATE OF WEST BENGAL AND ANR on 7 October 2026
Court No.35. M/L. 83. Kausik (Rejected) CRM (M) 2178 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Sashan Police Station Case No. 318 of 2025 dated 28.10.2025
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07.10.2026 Court No.35. M/L. 83. Kausik (Rejected)
CRM (M) 2178 of 2026
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Sashan Police Station Case No. 318 of 2025 dated 28.10.2025 under Sections 329(4)/351(2)/64(2) of the BNS, 2023 and Section 6 of POCSO Act, 2012.
And In the matter of : Jhantu Molla
……Petitioner.
Mr. Sekhar Kr. Basu, Sr. Adv.
Mr. Kusal Kr. Mukherjee
Ms. Suchismita Dutta
Ms. Pranidhi Singh
Mr. Narattam Acharyya
……for the Petitioner.
Mr. Jayanta Kumar Pain
….for the Defacto Complainant.
Mr. Somnath Adhikary
Ms. Madhurai Sinha
Mr. Arka Mukherjee
….for the State.
Learned advocate appearing for the petitioner submits that petitioner is in custody since 29th October, 2025 for more than 11 months. Although charges have been framed but witness action has not commenced.
Learned advocate for the defacto complainant opposes the prayer for bail.
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State opposes the prayer for bail, draws the attention of the Court to the statement of the victim under Section 183 of the BNSS as well as the Medico Legal Examination Report.
Having considered the Medico Legal Examination Report, I am of the opinion that at this stage, it would not be fit and proper to release the petitioner on bail till the evidence of the victim is over.
Learned Special Court is directed to examine the victim and the doctor who conducted the Medico Legal Examination on priority preferably within a period of 4 months from the next date fixed.
At this stage, the prayer for bail of the petitioner in CRM (M) 2178 of 2026 is dismissed.
Report and the Memo of Evidence submitted 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.)