Swapan Kundu v. State Of West Bengal

D/L137 31.03.2026 Bpg.

dismissed C.R.M. (M) 631 of 2026 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ranaghat Women Police Station Case No.14 of 2024 dated 07.02.2024 under Sections 448/323/354/506/34 of the Indian Penal Code, 1860 and Section 6 of POCSO Act, 2012 and charge-sheet submitted under Sections 448/354B/376DB/376D/ 323/325/109 of the Indian Penal Code and Sections 6/17 of POCSO Act, 2012;

Swapan Kundu

Versus

The State of West Bengal & Anr.

Mr. Prabir Majumder.

...for the petitioner.

Ms. Shaila Afrin Ms. Sonali Bhar.

...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 21⁄2 years and till date witness action has not commenced.

Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the injury report.

I have considered the other attending materials also in the case diary. Having considered the same, I am of the opinion that since the case has been split up, the evidence of the victim should be over prior to the petitioner being favoured with an order of bail. Accordingly, the prayer for bail of the petitioner is rejected at this stage. Petitioner will renew his prayer for bail after the evidence of the victim is over.

Thus, CRM(M)631 of 2026 is dismissed.

All parties shall act on the server copy of this order duly 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 of all requisite formalities.

(Tirthankar Ghosh, J.)