Asraful Hossain @ Ashraful Hossain v. State Of West Bengal

25.07.2025 Item No.17.

Daily List Court No.42 Mithun (Rejected)

IN THE HIGH COURT AT CALCUTTA.

CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 990 of 2025 In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Harishchandrapur P.S. Case No.352 of 2025 dated 12.04.2025, (Special Case No.31/2025) under Section 4/18 of the Protection of Children from Sexual Offences Act, presently pending before the Ld. Judge, Special Court, Chanchal, Malda). -AndIn the matter of : Asraful Hossain @ Ashraful Hossain ... Petitioner Mr. Shibaji Kumar Das, Mr. Sourav Mukherjee ... For the Petitioner Mr. Bibaswan Bhattacharya, Mr. Karan Bapuli ... For the State Service report filed by the State is taken on record. Learned Advocate for the petitioner submits that the case of the prosecution is only of attempt.

The petitioner has been arrested on the subsequent date whereas the statement of the witnesses shows that the petitioner was handed over to the police on the date of occurrence itself which raises doubt as to the said occurrence. The petitioner is in custody for 137 days. Upon completion of investigation, charge-sheet has been submitted. The victim has refused to undergo medical examination. He seeks for enlargement of the petitioner on bail.

Opposing such prayer for bail, learned Advocate for the State submits that the victim implicates this petitioner. He seeks for dismissal of the bail application.

Despite service, none appears on behalf of the de facto complainant.

Perused the case diary and the materials on record. The victim in her statement clearly implicates the petitioner of his involvement in the alleged offence. Refusal to undergo medical examination may not improbabalise the case of the prosecution. Considering the above materials and the nature and gravity of the offence, I am not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected. However, the Trial Court is directed to expedite the trial to the fullest extent and conclude the same at an early date without granting any unnecessary adjournment to either of the parties. The application being CRM(M) 990 of 2025 stands dismissed.

(Bivas Pattanayak, J.)