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Calcutta High CourtCRM(M)/1918/2025rejected

Petitioner v. State Of West Bengal And ANR

2025-11-14Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 4 14.11.2025 C.R.M. (M) 1918 of 2025 In Re: An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dantan Police Station Case No.107/2025 dated 04.05.2025 under Sections 64(m)/329(4)/294/303(2)/79 of the Bharatiya Nyaya Sanhita, 2023 and 66E/67/67A of the Information Technology Act and Sections 6/12/15 of POCSO Act, 2012;

Satyam Das

Versus

The State of West Bengal & Anr Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha Ms. Upasana Banerjee.

...for the petitioner.

Mr. Adil Badar Mr. Tirupati Mukherjee.

...for the State.

Learned advocate appearing for the petitioner submits Bpg.

Dismissed that the petitioner is in custody for about 185 days although charge-sheet which has been submitted but till date, charge has not been framed.

Learned advocate for the State has drawn the attention of the Court to the statement of all the victims under Section 164 Cr.P.C/187 BNSS. Attention of the Court has also been drawn to the attending circumstances. Learned advocate for the State, however, is unable to satisfy this Court in respect of the materials appearing in the mobile which is a part and parcel of the seizure list. The expert opinion has not been shown before this Court regarding any material of electronic evidence retrieved from the said mobile phone.

Be that as it may, since there is a minor victim and prima facie she has divulged incidents which speaks volume, at this stage, I am not inclined to release the petitioner on bail. Accordingly, CRM (M) 1918 of 2025 is dismissed. Petitioner would be at liberty to renew the prayer for bail after the evidence of all the victims cited by the prosecution is examined.

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.)