Calcutta High CourtCRM(M)/733/2026dismissed

Hafej Ali Sk v. State Of West Bengal And ANR

2026-06-23Hon'Ble Justice Tirthankar Ghosh2 pages

23.06.2026 Court No.35.

D/L. 35.

Kausik (Rejected) CRM (M) 733 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Nowda PS Case No. 179 of 2025 dated 28.06.2025 under Section 65 of BNS, 2023 and Section 4 of POCSO Act, 2012.

And In the matter of : Hafej Ali Sk ......Petitioner.

Mr. Samim Ahammed Mr. Sahin Mondal Mr. Enamul Islam Mr. Asif Iqbal Baidya Ms. Sabnam Mostari ......for the Petitioner.

Ms. Afreen Begum .....for the victim (HCLSC).

Mr. Debajyoti Deb Mr. Neel Chakraborty ......for the State.

Learned advocate appearing for the petitioner submits petitioner is innocent of the charges which have been leveled against him and his name has been subsequently incorporated in the materials collected by the Investigating Agency. Petitioner's name was not appearing in the FIR neither there was accusation of petitioner, ravishing the victim. However, the subsequent afterthought allegations are twofold, one regarding the complicity of the present petitioner and other relating to the circulation of obscene materials.

Learned advocate for the State opposes the prayer for bail, draws the attention of the Court to the statement of the victim before the learned Magistrate as well as the Doctor. Attending materials have also been placed before this Court. Learned advocate for the defacto-complainant is present and opposes the application. Records reflect that charge sheet has been submitted before the jurisdictional Court. Charges are yet to be framed. Learned Trial Court is directed to overcome the stage of consideration of charges on the next date fixed or within a week thereafter and at the earliest complete the examination of the victim, preferably within a period of 2 months from the date of consideration of charges. Petitioner would be at liberty to approach this Court after the evidence of the victim is over.

At this stage, the prayer for bail of the petitioner in CRM(M) 733 of 2026 is dismissed.

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.)