Calcutta High Court
CRM(M)/1928/2026 of XXXXX Vs STATE OF WEST BENGAL AND ANR on 22 September 2026
22.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (M) 1928 of 2026 XXXX Vs The State of West Bengal & Anr. In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the
D/L 605
22.09.2026
Rohit, A.R.(Ct.)
ct.no.35
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
APPELLATE SIDE
C.R.M (M) 1928 of 2026
XXXX
Vs
The State of West Bengal & Anr.
In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kanksa Police Station Case No.
of
dated
30.03.2025
under
Sections
65(1)/137(2)/140(3)/88/62 of the BNS, 2023 and Sections 4/6 of the POCSO Act.
And
In the matter of : XXXX
……Petitioner.
Mr. Syed Nasim Aejaz
…for the Petitioner
Mr. Amitava Karmakar
Mr. Tirtheswar Das
…for the State
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1. Report submitted by the State effecting service upon the private opposite party be kept with the record.
2. Learned Advocate for the petitioner submits that the petitioner surrendered on 30.06.2025 and since then he is in custody. Evidence of the victim is over and as such, petitioner be released on bail in view of the fact that number of witnesses are yet to be examined by the prosecution and there is no scope of the trial being concluded in the near future.
3. Learned Advocate for the State opposes the prayer for bail and produces the Case Diary and draws the attention of the Court to the different medical documents available in the case diary including the pathological report.
4. I have also taken into account the evidence of the victim as well as her earlier statement under Section 183 of the BNSS.
5. Having considered the materials available I am not inclined to release the petitioner on bail considering his complicity in the alleged offence. As such prayer for bail of the petitioner is rejected.
6. With the aforesaid observation, C.R.M (M) 1928 of 2026 is dismissed.
7. Memo of evidence submitted be kept with the record.
8. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.
9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)