CRM(M)/1970/2026 of IBRAHIM SARDAR @ IBRA Vs STATE OF WEST BENGAL AND ANR on 15 September 2026

15.09.2026 Court No.35. D/L.25. Rakib (Rejected)

CRM (M) 1970 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 Joynagar Police Station case no. 312 of 2024 dated 27.04.2024 under Sections 376(2)(j)/376(AB) of the Indian Penal Code and under Section 06 of the POCSO Act, 2012.

And In the matter of : Ibrahim Sardar @ Ibra

……Petitioner. Mr. Pronojit Roy Mr. Ashutosh Mandal

.....for the Petitioner. Dr. Achin Jana Mr. Prosenjit Ghosh

……for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for two year four months and only 3 witnesses till date have been examined out of 16 witnesses, evidence of PW4 is in progress. However, there is no picture which has been portrayed by the State as to how many more witnesses would be examined and how much time would be consumed. So far as the evidence in the case is concerned, the offence is under Section 376(AB) of the Indian Penal Code that is in respect of a child victim of 12 years. The medico legal examination report as is reflected from the Case Diary prima facie supports the prosecution case. However, at the same time the trial of the case must be taken to its logical conclusion.

2 Having considered the merits of the case, I am not inclined to release the petitioner on bail but as a matter of last chance one year more time is granted to the prosecution to complete rest of the witnesses. Accordingly, CRM (M) 1970 of 2026 is dismissed with the aforesaid direction. 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.)