Calcutta High Court

CRM(M)/1978/2026 of SANTANU DAS Vs STATE OF WEST BENGAL AND ANR on 15 September 2026

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Court No.35. D/L.27. Rakib (Rejected) CRM (M) 1978 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 Islampur Police Station case no. 230 of 2025 dated 08.04.2025

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15.09.2026 Court No.35. D/L.27. Rakib (Rejected)

CRM (M) 1978 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 Islampur Police Station case no. 230 of 2025 dated 08.04.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 adding Section 64(2)(m) of the Bharatiya Nyaya Sanhits, 2023 and Section 6 of the POCSO Act, 2012.

And In the matter of : Santanu Das

……Petitioner. Ms. Ankita Bose

.....for the Petitioner. Mr. Amit Halder Mr. Prantik Sarkar

……for the State. Mr. Pronojit Roy

......for the De-facto complainant.

Learned advocate appearing for the petitioner submits that petitioner is in custody for about one year five months and till date only 13 witnesses have been examined but prosecution intends to examine number of more witnesses, as such petitioner is unnecessarily languishing in jail. Learned advocate appearing for the de-facto complainant opposes the prayer for bail and submits that there are materials to suggest the complicity of the petitioner which is also reflected from the evidence of the victim. State has produced the statement of the victim under Section 183 of the BNSS as also the medico legal examination report.

2 I find that the victim at the relevant point of time is 13 years of age. Having considered the medico legal examination report and the other evidence which has surfaced, I am not inclined to release the petitioner on bail at this stage. Trial of the case is progressing smoothly, I direct that rest of the witnesses be concluded at the earliest preferably within a period of six months. With the aforesaid observations, CRM (M) 1978 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.)

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