Calcutta High CourtCRM(M)/1925/2025rejected

Masiar Rahaman @ Mosiyar Rahaman @ Masiar Rahaman Mondal v. State Of West Bengal And ANR

2025-11-14Hon'Ble Justice Tirthankar Ghosh3 pages

14.11.2025 Serial no. 10 [G.S.D] CRM (M) 1925 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with S. T. No. 396022, Special No. 24 of 2022, POCSO/963/2022 arising out of Amdanga Police Station Case No. 79 of 2022 dated 15.03.2022 under Sections 376AB and Sections 06 of the Protection of Children from Sexual Offences Act.

-AndIn the matter of : Masiar Rahaman @ Mosiyar Rahaman @ Masiar Rahaman Mondal ... ... Petitioner(s) Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ... for the Petitioner(s) Ms. Sonali Das Mr. Prakash Mishra ... for the State-respondent(s) Learned advocate appearing for the petitioner submits that the petitioner is in custody for three years and seven months.

The records of the case speak that on 07.02.2025, the Hon'ble High Court was pleased to reject the prayer for bail on the submission made by the State that within six months trial would be completed. However, till date, there has been no progress in the trial since such order was passed.

Learned advocate for the State has produced the Case Diary.

I have perused the Case Diary and seen the materials on record including the evidence of the victim girl

as well as that of the doctors who have been examined as P.W.1 and P.W.7.

Be that as it may, having regard to the materials which are appearing in the Case Diary, I am not inclined to release the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is Rejected.

This case is definitely having the trappings of heinous offence, but, the same do not empower the prosecution to take indefinite time in course of the trial. Accordingly, the trial court is directed to fix two schedules of three dates in a month i.e., six dates and ensure the progress of the case so that it is taken to its logical conclusion.

Let, a copy of this order be sent to the learned trial court through the learned Public Prosecutor appearing on behalf of the State.

Accordingly, CRM(M) 1925 of 2025 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)