CRM(M)/2113/2026 of XXX THE PETITIONER Vs STATE OF WEST BENGAL AND ANR on 29 September 2026

29.09.2026 Court No.35. D/L.485. Rakib (Rejected)

CRM (M) 2113 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 Baruipur Police Station case no. 1706 of 2024 dated 25.10.2024 under Sections 318(2)/137(2)/64(1)/316(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Section 6 of the POCSO Act, 2012 and under Section 9/11 of the Prevention of Child Marriage Act.

And In the matter of : XXX The Petitioner

……Petitioner. Mr. Manabendranath Bandhyopadhyay Mr. Shaheb Sadhukhan Mr. Rahul Patra Mr. Sanatan Mukherjee

.....for the Petitioner. Mr. Abhinav Rakshit

......for the De-facto complainant. Mr. Kaustuv Shome Mr. Snehasis Banerjee

……for the State.

Learned advocate appearing for the petitioner submits that he has been falsely implicated in connection with the instant case. Learned advocate appearing for the de-facto complainant submits that there was force imposed on the victim. Learned advocate appearing for the 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. It has been informed that next date is fixed for consideration of charges. Having regard to the same, I am of the opinion that petitioner be well advised to approach this Court after the cross-examination

2 of the victim is over. At this stage, the prayer for bail of the petitioner is rejected. Accordingly, CRM (M) 2113 of 2026 is dismissed. 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.)