Mahammad Ata @ Md. Atta Sk. v. State Of West Bengal And ANR

27.03.2026 Serial no. 87 [G.S.D] CRM (M) 429 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with C/Spl Case No. 118 of 2024 arising out of Berhampore Police Station Case No. 1298 of 2024 dated 01.09.2024 u/s 376(3) of the IPC and Section 6 of the POCSO Act.

-AndIn the matter of : Mahammad Ata @ Md. Atta Sk ... Petitioner(s) Mr. Rajdeep Mazumder, Sr Adv.

Mr. Sayan Mukherjee Mr. Anisur Rahaman ... for the Petitioner(s) Ms. Sreyashee Biswas Ms. Nandini Chatterjee ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for about seven months and there were relationship between the petitioner and the victim. Subsequently, the present case has been initiated. Learned advocate for the State opposes the prayer for bail and has drawn the attention of the Court to the statement of the victim under Section 183 of the BNSS as well as the medicolegal examination report.

It has been pointed out that the petitioner was absconding at the initial stages for a period of one year two months.

However, on an assessment of the materials adduced by the State, particularly, the statement of the victim under Section 183 of the BNSS and the medicolegal examination

report, at this stage, the contentions advanced by the petitioner do not inspire this court to release him on bail. Hence, the prayer for bail of the petitioner is Rejected.

The petitioner would be at liberty to approach this court after the evidence of the victim is over. Accordingly, CRM(M) 429 of 2026 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)