Xyz v. State Of West Bengal And ANR

11.08.2025 Item no.8 Court No.42 ss (Dismissed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 1158 of 2025 In re : An Application for bail under Section 439 of the Cr.P.C., 1973/under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gangarampur Police Station Case No.207 of 2023 dated 11.05.2023 under Section 6 of the POCSO Act which is presently pending before the learned Judge, under POCSO Act, Gangarampur at Buniadpur, Dakshin Dinajpur.

-AndIn the matter of : XYZ ... ... Petitioner Mr. Aniruddha Bhattacharyya Ms. Ibtesam Rahaman Ms. Anushka Bose Mr. Uttam Mukherjee ... ... For the Petitioner Mr. Anwar Hossain, Mr. Abhishek Verma ... ...For the State Status report filed on behalf of the State is taken on record.

Learned Advocate for the petitioner submits that the petitioner is in custody for more than 2 years without there being any considerable progress in trial. Only six out of twentythree charge-sheeted witnesses have been examination so far. 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 of his involvement in the alleged offence. He seeks for dismissal of the bail application.

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

Perused the case diary and materials on record. It is found that the victim consistently implicates this petitioner of his involvement in the alleged offence. Considering the above incriminating materials and bearing in mind nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Accordingly, the bail prayer of the petitioner is rejected. The learned 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 prosecution is directed to produce witnesses as per schedule fixed by the trial court for examination of witnesses. The parties are directed to cooperate in the trial for examination of the witnesses.

Parties are at liberty to communicate this order to the learned trial court.

The application for bail being CRM (M) 1158 of 2025 stands dismissed.

(Bivas Pattanayak, J.)