Calcutta High CourtCRM(M)/1165/2025dismissed

Abdul Mainuddin @ Saif v. State Of West Bengal And ANR

2026-03-06Hon'Ble Justice Tirthankar Ghosh2 pages

06.03.2026 Court No.35.

D/L. 13.

Kausik (Rejected) CRM (M) 1165 of 2025 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 Bowbazar Police Station Case No. 215/2023 dated 29.10.2023 under sections 376/506/120B of the Indian Penal Code, 1860 and section 4 of the POCSO Act, 2012.

And In the matter of : Abdul Mainuddin @ Saif ......Petitioner.

Mr. Zohaib Rauf Mr. Abdul Zahid ......for the Petitioner.

Mr. Sourav Bhattacharyya Mr. Sarthak Burman .....for the Victim Lady.

Mr. Baisali Basu, Jr. Govt. Adv.

Ms. Manashi Roy ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 1 year, 11 months and 18 days. Petitioner is aggrieved by the manner in which he has been implicated in the case. There are materials in his custody to show that he is innocent of the charges and as such submits that he may be released on bail on any stringent condition. Learned advocate for the State has produced the case diary.

I have considered the statement of the victim under Section 183 of the BNSS.

Learned advocate for the defacto complainant is represented.

Having regard to the stage of the case and the fact that charges are yet to be framed by the learned Special Court, I am not inclined to release the petitioner on bail till the evidence of the victim is over.

Having considered the period of detention of the present petitioner, I direct the learned Special Court to expedite the progress of the case and within a reasonable period of time proceed towards the stage of examination of the victim who has been cited presumably as CSW 1.

With the aforesaid observations CRM (M) 1165 of 2025 is dismissed at this stage.

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.)