Calcutta High CourtCRM(M)/2533/2025dismissed

Xxxxxx v. State Of West Bengal And ANR

2025-12-16Hon'Ble Justice Tirthankar Ghosh2 pages

16.12.2025 Court No.35.

D/L. 30.

Rakib (rejected) CRM (M) 2533 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Raghunathganj Police Station case no. 819 of 2024 dated 01.07.2024 under Section 4 of the POCSO Act.

And In the matter of : XXXXX ......Petitioner.

Ms. Rituparna Dey Ms. Salma S. Shah ......for the Petitioner.

Mr. Sanjay Bardhan Ms. Rita Dutta ......for the State.

Ms. Jonaki Saha Mr. Zothanpuii Verte ......for the Victim Affidavit-of-service filed by the petitioner be kept with the record.

Report submitted by the State be kept with the record. Learned advocate appearing for the petitioner prays for bail on the grounds that petitioner is in custody for one year five months and submits that evidence of 12 witnesses have already been completed which includes the deposition of the victim also. According to the learned advocate there is no possibility of the trial being concluded in near future, as such on any stringent conditions petitioner may be released on bail. Learned advocate enters appearance for the victim girl.

Learned advocate for the State produced the Case Diary and draws the attention of the Court to the statement of the victim, her medical report. It is also submitted that the prosecution would examine 7 more witnesses in order to prove its case.

Having regard to the materials appearing against the present petitioner, at this stage, I am not inclined to release the petitioner on bail.

Accordingly, CRM (M) 2533 of 2025 is dismissed. Since the petitioner is facing custodial trial, learned trial Court would put in efforts to conclude the trial at the earliest preferably within a period of six months from the next date so fixed.

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.)